A DECLARATION OF HIS HIGHNES COUNCIL IN SCOTLAND, For the GOVERNMENT thereof: CONCERNING AN ORDINANCE OF HIS HIGHNES, Dated the Eighth day of August, 1654. Whereunto is annexed the said ORDINANCE.
ORdered, That this Declaration and Ordinance be forthwith Printed and Published.
EDINBURGH, Printed by Christopher Higgins, in Harts-Close, over against the Trone-Church. MDCLV.
A DECLARATION OF HIS HIGHNES COUNCILL IN SCOTLAND, For the Government thereof: Concerning His Highnes Ordinance of the 8. of August, 1654.
HIS Highnesse being throughly sensible, that whatsoever Vnion of Nations is made where the true Religion is not the foundation thereof, it will prove tottering and unstable; Hath therefore expressely commanded his Councill here to endeavour the promoting the Preaching of the Gospel, and the power of true Religion and Holinesse; And to take care, That the usuall Maintenance here be received and enjoyed by such Ministers as are of a holy and unblameable conversation, disposed to live peaceably under the present Government, and who for the Grace of God in them, and for their knowledge and utterance, are able and fit to preach the Gospel, and shall be approved, according to an Ordinance of his Highness of the eight of August, 1654. entituled, An Ordinance for the better support of the Universities in Scotland, and encouraging of Publick Preachers there; All which laying a double duty upon the said Councill, to promote the true Religion in soundnes of Faith, and holines of Conversation, They shal, through the assistance of the Lord, cheerfully and industriously endeavor the same: but finding that the said Ordinance of the eighth of August, by reason of the not acting of most of those persons mentioned therein, hath not been put in effectual execution, whereby the good intended by his Highnes to this Nation, hath not been derived to them; they have thought fit to Declare, That as they shall give all just countenance and encouragement to the persons [Page 4]who shall certifie according to the said Ordinance, and to the persons so certified of; so if they shall not proceed therein, but continue to delay the execution thereof, The said Councill will esteem themselves obliged (by tyes not to be dispensed withall) to promote and set forward so good and necessary a Work, in such ways as shall seem best to them to carry it on, both in discharge of their duties unto God, and obedience to his Highnesse; And that all those who are nominated and concerned therein, may yet have a competent time to consider how the said Ordinance may be most effectually pursued in this Iuncture of Affairs, and in order to those good Ends, which therin are proposed, the said Council have fixed upon the first of December next, as the time before which they desire those afore-mentioned in the said Ordinance, would proceed thereupon when occasion is offered: And whereas there may be diverse places where some persons may have a freedom and willingnesse to act upon the said Ordinance, and yet cannot actually express the same by reason no persons in their Province within that time may stand in need of, or demand such Certificates; It is therefore desired in such cases, that by the day above-specified, All such persons would declare their readines to act when the opportunity shalbe presented, whereby if a defect should appear for want of persons to act, the said Councill may speedily take care to supply it with other fit persons who shal be willing to carry on that desired Work: And because the said Ordinance of the eighth of August, 1654. hath not yet been Printed, and containing in it some other things relating to the better support of the Vniversities, and encouragement of Publick Preachers in Scotland, The Councill conceiving it not fit to sever the parts of the said Ordinance in the publication thereof, Have appointed the whole Ordinance to be Printed herewith.
AN ORDINANCE For the better support of the UNIVERSITIES IN SCOTLAND, And Encouragement of Publick PREACHERS there.
HIS Highnesse the Lord Protector taking into consideration the great advantage which may redound to the People of this Commonwealth, inhabiting in Scotland, That the Vniversities there should receive both countenance and encouragement, and be provided for with competent maintenance for the Members of the said Vniversities, for the better training up of Youth in Piety and good Literature; Doth Ordain, and be it Ordained by his Highnesse, by and with the consent of his Council, that the Superiorities of all and singular the Lands belonging to the late Bishoprick of Galloway, Abbacy of Tungland, Priory of Whithorn, and Abbacy of Glenluce, And all other Lands annexed and appertaining to the said Bishoprick, together with all Few-Farmes, Few-Duties, Kains, Customs, and Casualties thereunto belonging, accrewing, or which shall accrew; As also the Superiorities of the whole Teinds, Parsonage [Page 6]and Vicarage, Teind-Duties, and all other Duties of all and sundry the Churches and Parishes of and belonging to the said late Bishoprick, Abbacy or Priory where ever the same lye, and by whatsoever Name or Designation the same be known, (excepting the Superiority of the Deanry of the Chaplin of Striveling) be, and are hereby, and shall from henceforth he adjudged, deemed, and taken to be given, granted, doted, mortified and disposed to the Vniversity of Glasgow, and the Principal, Professors and Regents thereof, and their Successors for ever, with power to the Principal, Professors, and Regents of the said Vniversity, present and in time to come, and their Successors, to receive Resignations, Enter the Few-holders, Tenants, and all others formerly called Vassals of the said late Bishoprick, Abbacies and Priory, to their respective Lands, by Charters of Resignation, Confirmation, or otherwise to Compound, Transact and Receive Fines and Compositions for the same, and to do all and every other Act and thing touching the same, as any Superior or Over-lord in Scotland may do to their Tenants and Few-holders, or others, commonly called Vassals, according to Law.
And be it further ordained by the Authority aforesaid, That for the better Encouragement of Students in the said Vniversity, the sum of Two hundred Marks Sterling yearly shall be paid out of the first and readiest of the Customs of Glasgow to the Principal, Professors, and Regents of the said Vniversity of Glasgow, and their Successors for ever, or such person or persons as they shall from time to time appoint to receive the same, to be employed by them and their Order, for the education of pious and hopeful young men and Students of Theology and Phylosophy in the said Vniversity; And [Page 7]that the Collectors and Receivers of the said Customs for the time being, shall pay the said yearly sum of Two hundred Marks Sterling, by Quarterly Payments accordingly, and shall be allowed the same upon their Accompts; The first Payment to be made at or upon the first day of December next.
And be it further ordained by the Authority aforesaid, That the Superiorities of the Lands belonging to the late Bishoprick of Aberdeen, that is to say, The Superiorities of the Lands of Aberdeen, formerly called the Barony of Aberdeen, of the Lands of Murthill, Fetterner, Clett, Tallienessell, Daviot, Reine, and Beirse, all lying within the Sheriffdome of Aberdeen; As also the Lands of Fordice and Murtlawh, lying within the Sheriffedome of Bamff, together with the Superiority of the Acres of Old-Aberdeen, and of all other Lands, Tenements, Houses, with the Appurtenances formerly belonging to the said late Bishoprick of Aberdeen, the Few-Farms, Few-Duties, Kains, Customs, Casualties, Teins, Parsonage and Vicarage, Tend-Duties, and all other Duties of the Lands, Churches and Parishes aforesaid; together with other Duties of the Church of Maucher and Nicholas, and of all other Kirks and Parishes which formerly belonged to the said Bishoprick; together, with the Tenths of the Salmon Fishing, and other Fishings upon the Waters of Dee and Done, or on the Sea, or any other places formerly belonging to the said Bishoprick, together with the whole Fruits, Teinds, Church-Rents, and other Duties any way belonging to the Temporality or Spirituality of the said Bishoprick be given, granted, doted, and mortified to the said Vniversity of Aberdeen, the Principals, Professors, Regents and remanent [Page 8]Members thereof and their Successors for ever, in manner following, (that is to say) To the Colledge of Old-Aberdeen two parts in three to be divided, And to the Colledge of New-Aberdeen one third part in three to be divided, with power to the Principals, Professors, Regents, and remanent Members of the said Vniversity according to their Proportion and Division aforesaid, present and to come, and to their Successors for ever, to receive Resignations, enter the Few-holders, Tenants, and all others, formerly called Vassals, of the said Bishoprick Lands, and other the Premises, by Charters of Resignation, Confirmation or otherwise to compound, transact and agree about the Fines and Compositions due for the same, and to receive and take up the same, And to do all and every other act and thing therein that any Superior or Over-Lord in Scotland may do to their Few-holders, Tenants, and all others commonly called Vassals, according to Law in such Cases: And in respect of the Incompetency of the Maintenance of the Masters, Professors, and other the Members of the said Vniversity, and especially of the said Colledge of New-Aberdeen, Be it Ordained by the Authority aforesaid, That the sum of two hundred Marks Sterling by the year, out of the first and readiest of the Customes of Aberdeen, shall be from henceforth paid unto the Principals, Professors, and other the Members of the said Vniversity, and their Successors for ever, or to such person and persons as they shall from time to time appoint to be paid Quarterly by even and equall portions to be imployed for the Augmentation of the provisions and maintenance of the Principals, Professors, Regents, and Remanent Members of the said Vniversity of Aberdeen, in manner following, (that [Page 9]is to say) two parts thereof to the said Colledge of New-Aberdeen, and the other third part to the Colledge of Old-Aberdeen; And that the Collectors and Receivers of the said Customs for the time being, shall pay the same accordingly: Provided always, That the Principals of either of the said Colledges shall have twice as much added to their Provisions out of the said Augmentation or yearly sum, as is added to the Provision of other Professors and Members of the respective Colledges; The first Payment to be made at or on the first day of December next, and so from thenceforth Quarterly. And for the better Propagation of the Gospel and Advancement of Godliness in Scotland, Be it Ordained by the Authority aforesaid, That the Commissioners for Visiting the Vniversities, Colledges and Schools of Learning in Scotland, do take especiall care, That none but Godly and Able men be Authorized by them to enjoy the Livings appointed for the Ministry in Scotland; And to that end, That respect be had to the Choice of the more sober and Godly part of the People, although the same should not prove to be the greater part; And that no Person shall be by them Authorized, or admitted into any such Living or Benefice, but such as shall be first Certified by the persons hereafter named for the respective Provinces hereafter mentioned, or any Four or more of them, whereof two to be Ministers, to be a person of a holy and unblameable Conversation, disposed to live peaceably under the present Government, And who for the Grace of GOD in him, and for his Knowledge and Vtterance is able and fit to Preach the Gospel: Within the Provinces of Louthian, Mers, and Teviotdale, Master Robert Traile, Master Alexander Levingstone, [Page 10]Master Gilbert Hall, Master John Scot, Master Edward Jamesone, Master John Sinclare, Master John Levingstone; Sir Archibald Johnstone, Sir Andrew Ker, Colonel Gilbert Ker, [...] Dundas of Duddistone. Within the Provinces of Dumfrieze and Galloway, Master Hugh Henderson, Master Samuel Austine, Master Alexander Trumbel, Master Andrew Lawder, Master Samuel Rowe, Master William Ferguson of Kaitlocke, Earle of Cassilis, Alexander Gordoun of Knockgray. Within the Province of Glasgow and Aire, Master John Carstayres, Master Alexander Dunlap, Master John Nevay, Master William Guthery, Master William Adayre, Master Thomas Willye, Master Patrick Colvile, Master Francis Ayrd, Master William Somervill, Master Patrick Gillespie, Sir George Maxwell, William Muyre of Glanderstone, Master John Graham, Master John Spreule, George Porterfield. Within the Provinces of Perth, Fife, and Angus, Master James Guthery, Master Robert Blaire, Master Samuel Rutherford, Master Alexander Moncrieffe, Master James Simson, Master William Oliphant, Master John Murray, Master William Rait, Sir William Bruce, David Weemes of Fingask, Vicount of Arburchnet. Within the Provinces of be-north Angus, Master Robert Keith, Master Duncan Forbes, Master John Rowe, Master Nathaniel Martin, Master Joseph Brody, Master John Menzies, The Lord Brody, The Laird of Eight, Earle of Southerland, Alexander Jeffrey, Master William More, Master Andrew Cant.
And be it further Ordained by the Authority aforesaid, That the said Commissioners do allow and provide out of the Treasury of Vacant Stipends, or otherwise, as they shall think fit, a Competent Maintenance, for such Ministers who have Gathered Congregations in Scotland; And [Page 11]to take care that the Stipends of the Parochial Churches there be imployed to the use of such godly Ministers as are free to Labour amongst them, in the Way of the Churches of Scotland.
And be it further Ordained by the Authority aforesaid, That the said Commissioners do take care, That such of the Ministers of that Nation as they shall finde to promote Godlinesse, and to endeavour the suppressing of all Vngodlinesse, and Scandalous Practices, whether in the Ministry or the People, do receive all due Encouragement and Assistance; And that they do oppose all such as discountenance the Power of Godlinesse, and are indulgent to such as are Scandalous or Prophane.
ORdered, That this Declaration and Ordinance be forthwith Printed and Published.