A DECLARATION OF HIS HIGHNESS' COUNCIL IN SCOTLAND, For the GOVERNMENT thereof: CONCERNING AN ORDINANCE OF HIS HIGHNESS, Dated the Eighth day of August, 1654. Whereunto is annexed the said ORDINANCE. Wednesday the Seventeenth day of October, 1655. At His Highness' Council in EDINBURGH, ORdered, That this Declaration and Ordinance be forthwith Printed and Published. EMANUEL DOWNING, Cl. of the Council. EDINBURGH, Printed by Christopher Higgins, in Harts-Close, over against the Trone-Church. MDCLV. A DECLARATION OF HIS HIGHNESS' COUNCIL IN SCOTLAND, For the Government thereof: Concerning His Highness' Ordinance of the 8. of August, 1654. HIS Highness being throughly sensible, that whatsoever Union of Nations is made where the true Religion is not the foundation thereof, it will prove tottering and unstable; Hath therefore expressly commanded his Council here to endeavour the promoting the Preaching of the Gospel, and the power of true Religion and Holiness; And to take care, That the usual 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. entitled, An Ordinance for the better support of the Universities in Scotland, and encouraging of Public Preachers there; All which laying a double duty upon the said Council, to promote the true Religion in soundness of Faith, and holiness of Conversation, They shall, through the assistance of the Lord, cheerfully and industriously endeavour 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 Highness 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 who shall certify 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 Council will esteem themselves obliged (by ties not to be dispensed withal) 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 Highness; 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 juncture of Affairs, and in order to those good Ends, which therein are proposed, the said Council have fixed upon the first of December next, as the time before which they desire those in the said Ordinance, would proceed thereupon when occasion is offered: And whereas there may be divers places where some persons may have a freedom and willingness 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 readiness to act when the opportunity shallbe presented, whereby if a defect should appear for want of persons to act, the said Council may speedily take care to supply it with other fit persons who shall 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 Universities, and encouragement of Public Preachers in Scotland, The Council 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. Given at Edinburgh the seventeenth day of October, 1655. Signed in the Name and by Order of the Council. BROGHILL, President. AN ORDINANCE For the better support of the UNIVERSITIES IN SCOTLAND, And Encouragement of Public PREACHERS there. HIS Highness 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 Highness, by and with the consent of his Council, that the Superiorities of all and singular the Lands belonging to the late Bishopric of Galloway, Abbacy of Tungland, Priory of Whithorn, and Abbacy of Glenluce, And all other Lands annexed and appertaining to the said Bishopric, together with all Few-Farmes, Few-Duties, Kains, Customs, and Casualties thereunto belonging, accrueing, or which shall accrue; 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 Bishopric, Abbacy or Priory where ever the same lie, and by whatsoever Name or Designation the same be known, (excepting the Superiority of the Deanery 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 University of Glasgow, and the Principal, Professors and Regent's thereof, and their Successors for ever, with power to the Principal, Professors, and Regent's of the said University, 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 Bishopric, 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 Regent's 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 Philosophy in the said University; And 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 Accounts; 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 Bishopric 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, Rhine, 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 Bishopric 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 Bishopric; 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 Bishopric, together with the whole Fruits, Teinds, Church-Rents, and other Duties any way belonging to the Temporality or Spirituality of the said Bishopric be given, granted, doted, and mortified to the said University of Aberdeen, the Principals, Professors, Regent's and remanent Members thereof and their Successors for ever, in manner following, (that is to say) To the College of Old-Aberdeen two parts in three to be divided, And to the College of New-Aberdeen one third part in three to be divided, with power to the Principals, Professors, Regent's, 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 Bishopric 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 College 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 Customs 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 equal portions to be employed for the Augmentation of the provisions and maintenance of the Principals, Professors, Regent's, and Remanent Members of the said University of Aberdeen, in manner following, (that is to say) two parts thereof to the said College of New-Aberdeen, and the other third part to the College 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 Colleges 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 Colleges; 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, Colleges and Schools of Learning in Scotland, do take especial care, That none but Godly and Able men be Authorized by them to enjoy the Live 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 Trail, 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, _____ Dundas of Duddistone. Within the Provinces of Dumfrieze and Galloway, Master Hugh Henderson, Master Samuel Austin, Master Alexander Trumbel, Master Andrew Lawder, Master Samuel Rowe, Master William Ferguson of Kaitlocke, Earl 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 Aired, 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, Viscount 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, Earl 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 employed 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 find to promote Godliness, and to endeavour the suppressing of all Ungodliness, 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 Godliness, and are indulgent to such as are Scandalous or Profane. Passed the Eighth of August, 1654. HENRY SCOBEL, Cl. of the Council. Wednesday the 17. of October, 1655. At His Highness' Council in EDINBURGH, ORdered, That this Declaration and Ordinance be forthwith Printed and Published. EMANUEL DOWNING, Cl. of the Council.