Appendix: Additional documents (Feb 1649 and undated)

APPENDIX.

An acte of the Commons of England in Parliament assembled for removeinge Obstructions in the proceedings of the Common Councell of the Citty of London.

28 February, 1648/9.

Act of the Commons of England.

The Commons of England in Parliament assembled doe enacte and ordeine And Bee itt enacted and ordeyned by the authority aforesaid That in all times to Come the Lord Maior of the said Citty of London soe often and att such time as any tenn or more of the Common Councell men doe by wryting under theire hands request or desire him thereunto shall summon assemble and hold a Common Councell And if at any tyme beinge soe requested or desired hee shall faile therein Then the tenn persons or more makeinge such request or desire shall have power and are hereby authorized by wrytinge under their hands to Summon or Cause to be Summoned to the said Councell the Members belonginge thereunto in as ample manner as the Lord Maior himselfe usually heretofore hath done And that the Members appeareinge upon the same Summons beinge of the number of Fowerty or more shall become a Common Councell And that each Officer whose dutie itt shall bee to warne in and Summon the Members of the said Councell shall performe the same from time to time upon the warrant or Comaund of Tenn persons or more soe authorized as aforesaid, And itt is further enacted and Ordained by the authoritie aforesaid that in every Common Councell hereafter to be assembled the Lord Maior of the said Citty for the tyme beinge or in his absence such Locum Tenens as hee shall appoynt And in defaulte thereof the Eldest Alderman present of any bee, And for want of such Alderman or in case of his neglecte or refusall therein then any other person member of the said Councell whome the said Commons present in the said Councell shall Choose shall be from time to time President or Chaireman of the said Councell And shall Cause and suffer all things offered to or proposed in the said Councell to bee fairely and orderly debated putt to the question voted and determined in and by the saide Councell as the major parte of the members present in the said Councell shall desire or thinke fitte And that in every vote which shall passe and in the other proceedings of the said Councell neither the Lord Maior nor Aldermen ioynte or seperate shall have any negative or distincte voice or vote otherwise than with and amonge and as part of the rest of the Members of the said Councell and in the same manner as the other Members have and that the absence or withdraweinge of the Lord Maior or Aldermen from the said Councell shall not stopp or prejudice the proceedings of the said Councell And that every Common Councell which shall be held in the Citty of London shall sitt and Continue soe Longe as the Major parte of the said Councell shall thinke fitte and shall not be dissolved or adjourned but by and accordinge to the order or Consent of the maior parte of the same Councell And that all the votes and actes of the said Common Councell which was held on the thirteenth day of Ianuary last after the departure of the Lord Maior from the same Councell And alsoe all votes and Actes of every Common Councell hereafter to be held shall be from time to time duely registered as the votes and Actes of the said Councell have used to be done in times past And be it further enacted and ordained by the authority aforesaid That every officer which shall sitt in the said Councell shall be from tyme to tyme Chosen by the said Councell And shall have such reasonable allowance or Salary for his paine and service therein as the Councell shall thinke fitte And that every such Officer shall attende the said Councell And that all Acts Records and Register Bookes belonging to the said Citty shall be extant to be perused and searched into by every Cittizen of the said Citty in the presence of the Officer whoe shall have the Charge or Keepinge thereof whoe is hereby required to attende for the same purpose.

An Ordinance for the better support of the Universities in Scotland, and encouragement of Publik 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 Universities there should receive both countenance and encouragement, and be provided for with competent maintenance for the members of the said Universities, 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, 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 be adjudged, deemed, and taken to be given, granted, doted, mortified, and disposed to the University 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 University, present and in time to come and their successors, to receive resignations, enter the fewholders, tenants, and all other 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 University, 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 University 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 University; and that the collectors and receivers of the said customs for the time being, shall pay the said yearly snm 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 University of Aberdeen, the Principals, Professors, Regents, and remanent 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 University, 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 University, 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 University, 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 University of Aberdeen, in manner following, (that 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 Universities, 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 utterance is able and fit to preach the Gospel. Within the provinces of Louthian, Mers and Teviotdale, Master Robert Traile, Master Alexander Levingstone, Master Gilbert Hall, Master John Scot, Master Edward Jamesone Master John Sinclare, Master John Levingstone, Sir Archibald Johnstone, Sir Andrew Ker, Colonel Gilbert Ker, [George] Dundas of Duddinstone. 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 Glandeastone, 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 Arburthnet. 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 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 ungodlinesse, 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.

[From A Diary of Public Transactions and other Occurrences chiefly in Scotland, from January 1650 to June 1667, by John Nicoll. Bannatyne Club, 1836. pp. 164–7.]