Page:The Laws and Acts of Parliament of Scotland.djvu/688

T~~ The fecond Parliament of 114 1 I V. xACT concerning poinding before the dayes of the Charge expire. November 16. 1669. URSOVERAIGN LORD, with advice and confent of the Eftates of Parliament , Statutes w and Ordains that hereafter it mall not be lawful to poind moveables upon regiftrate Bonds or De- creetsforperfonal Debts, while the Parties be firft charged, and the dayes of the Charge be expired : With certification, that poinding otherwayes ufed fhall be null, and the poinders mall be puniihed and pro- ceeded againft as fpuiliers ,' But prejudice alwayes of any Decreets recovered at the inftance of Heretors aaainft their Tennents in their own Courts; whereupon it fhall be lawful to them to ufe poinding as for- merly ; And but prejudice to Superiours to ufe poinding againft their Vailals for their Few-duties, as they might lawfully have done of before. o F xy£CI for the fecurity of the Terfons of Minifters. November 30. 1669. Orafmuch as the Kings Majefty, confideringhowjuftandneceflarit was, that the Orthodox Clergy, mould be protected from the violence of difaffefted and difloy al perfons ; Did therefore , with advice ofHis Privy Council, by His Royal Proclamations of the fifteenth of March and thirteenth of June , one thoufand , fix hundred, and fixty leven , command and charge all Heretors , Life-renters and others, having! any real intereft orRentwihin the feveral Parodies of the Kingdom, to protect, defend and fecure thei Perfons, Families and Goods of their Minifters, not only in the exercife of their Minifterial Function, but in their dwelling Houfes, or being elfewhere within the Parpch , from all injuries , affronts and prejudices which they might incur in their Perfons or Goods , from the violence and invafion of any difaffefted , dilloy- al or other wicked perfon : With certification , if the aftors of fuch outragesfhould not be apprehended* and brought to tryal, by the means and diligence of the Parochiners, theParochioners fliould be decerned to pay to fufTering Minifters for reparation, damnage and intereft, fuch a fum and fine as His Majefties Council mould determine ; as is more fully expreft in the faids proclamations. And the Eftates of Parlia-i ment, having taken to their confideration the proceedings of His Majefties Council herein ; and finding that the protection ofdie Orthodox Clergy, and the reftraming oftheinfolencyof difaffefted, diflpyal and wicked perfons at this time, did require more nor ordinary means and care from His Majefties Council^ Have therefore thought fit , Likeas, His Majefty, with advice and confent of His Eftates, doth hereby Ratifie and Approve the two Proclamations aforefaid , and the proceedings of His Majefties Council in pro- fecutiondiereof; and authorizeth them frill to profecute the fame as occafion fhall offer, until His Majefty in his next Parliament give farther Orders therein. And it is Declared , That this Aft is and fhall be but pre-: judice ofany former Laws and Afts of Parliament made againft the invaders of Minifters, and of the pains therein contained ; And particularly the twenty feventh Aft of the eleventh Parliament of King James the fixth , and feventh Aft of King Charles the firft His Parliament in Anno , 1633.. Which Afts , His Mis jefty,' with advice forefaid, doth hereby Ratifie and Approve , and Declares the fame to ftand in full forces ftrength and effect in time coming. V I. A C T for the ordering of Sufpenfions of 'the Benefices and Stipends of 'the Clergy. November 30. 1669, THe Kings Majefty being careful that the maintainance of the Clergy be duely iecured unto them , anc that they be not withdrawn by unnecefiar Law-futes , for recovery thereof : Doth therefore , with ad vice and confent ofHis Eftates of Parliament, Statute and Ordain ,. chat no fufpenfion fhall be paft in on* coming againft any Arch-bifhop, Bifhope, Minifler of the Gofpel or Univerfitks and Colledges , of am Charges to be given at their inftances for payment of the Rents of their Benefices , Stipends orColiedge-rents where they have fpecial Decreets againft the Heretors orpoflejtfors due and lyablc in payment thereof them , except upon production of Difcharges , or consignation of fhe films charged for , if the Rent of th< Benefice or Stipend confift in money ; or of one hundred merks Scots for ilk Chalder ©f Victual where thi fame confifts in Victual , and proportionally if the Victual charged for be lefs then a Chalder , without preju 3 dice to the Lords of Seflion to modifie a greater or lefs fum for the Chalder of Victual , as they fhall find cauf i at the difcuffing of the Sufpenfion. And if any Bill of Sufpenfion of a generalCharge fliali be prefente< 1 in time of Seflion, That the ordinary Lord upon the Bills, before the paffing thereof, call for the Charger atth