Page:The Laws and Acts of Parliament of Scotland.djvu/741

This page needs to be proofread.

King C H A R L E S the 1 1. *&; Majefty hereby difpenfes, with any penalties that may arife be this or any preceeding Act for bearing Armes, before the Proclamation to be iffued hereupon. And it is Statute and Ordained, with confenc forefaid , that the faid Regiller mall be refpected as the true and un-repealable rule of all Armes and Bear- ings in Scotland, to remain with the Lyons Office as a publick Regifter of the Kingdom , and to be tranf- rmtted to his SuccefTbrs in all time coming: And that whofoever lhall ufe any other Armes any manner of way , alter the expiring of year and day from the date of the Proclamation to be ifiued hereupon , in manner forefaid, mall pay one hundred pounds money, toties quoties, to the Lyon, and mall like' wayes efcheat to His Majefty, all the moveable Goods and Gear upon which the faids' Armes are en- graven , or otherwife represented. And His Majefty , with confent forefaids Declares , that it is only allowed for Noblemen and Bifhops to fubfcribe by their Titles ; And that all others fhall fubfcribe their Chriftned Names, or the initial letter thereof with their Sirnames, and may , if they pleafe ad- ject the Defoliations of their Lands , prefixing the word OF to the faids Defignations. And the Lyon King at Ernies and his Brethren , are required to be carefull of informing themfelves of the contraveeners hereof , and that they acquaint His Majefties Council therewith , who are hereby irn- powered to punifh them as perfons difobedient to , and contraveeners of the Law. It is likewayes hereby Declared , that the Lyon and his Brethren Heraulds are Judges in all fuch caufes , con- cerning the Malverfation of Meflengers in their office , and are to enjoy all other priviledges be- longing to their Office , which are fecured to them by the Laws of this Kingdom, and according to former practice-. o XXII. kA C T againfi Trofanenejfe. Edinburgh, n. of September, 1671. U R Soveraign Lord, conftdering the many and great violations of the Law of GOD, and of the Laws! of this Kingdom , eftablimed by His Majefty and his Royal Predeceflbrs , againfi curfing , f wearing, drunkennefle, fornication and uncleannefle , profanation of the Lords-day , mocking or reproaching of Reli- gion and the excercifes thereof; Which are prohibit by feveral Acts of Parliament , under diverfe pecunial mulcts and penalties; and efpecially by the twenty Act of the twenty two Parliament of King James the fixth, entituled, Aff anent the punijbmeut of Drunkards ; And by the eighteenth Act of theflrlt Scflion of His; Majefties flrfl Parliament, entituled, AclforthedueobfirvationoftheSabbathday-, And the nineteenth Act thereof entituled , AcJ againfi /wearing and excej/ive drinking ; And by the thirty eight Act of that fame Seffion of Parliament, containing inflections to the Juftices of Peace : Doth, with advice of His Eftates of Parliament , Statute and Ordain , that the feveral pains and fines appointed by the faid Acts, be inflicted on, and exacted off the refpective tranfgreflbrs ; And for that effect , it is hereby Statute and Or- dained, that befides the excercife of Church-difcipline, according to the Laws and practice ufed in this I Church, in every Paroch within Royal Burgh , or wherein any of His Majefties Privy Council or Lords lofjeflion, Sheriff, Lord, or Bailiff of Regality or their Deputes, or CommifTaries , have their refi- I dence or keep Courts , that the faids Councellors or Lords of Seffion, Magifirats of fuch Burghs , the Sheriffs I and the Lords and Bailiffs of Regalities or their Deputes , the CommifTaries or any Juftice of Peace , They 1 Or any one or more of them , execute or caufe execute the faids Laws , againfi fuch delinquents in the feveral' I Parodies where they refide , as fliall be dilated to them by the Kirk-Seffions , or other Church-Judicatories. ! Providing alwayes , Likeas it is hereby provided , that the Minifter and Kirk-Seffiori , with the Heretors I of each Paroch, or fuch of them as upon publick intimation by the Minifter from the Pulpit, upon eight 1 dayes warning , fhall meet with the Minifter , and his afliftants in difcipline, have the nomination of a

Collector, who is to receive and count for the fines fo impofed ; Excepting to the Royal-Burghs the 

nomination of their Collectors, who have been accuftomed fo to nominat, they alwayes being account- | able as other Collectors , for the ufes after-fpecified : And where there be any Parodies , in which there is ' none of the faids above-named perfons in Authority refident, the Minifter and Kirk-Seflion and Heretors; I of the Paroch , or Major part of them , who fhall conveen upon publick intimation by the Minifter upon i eight dayes warning, fhall nominat fo often as they fee caufe , a perfon refident within the Paroch, whoni i they find mod fit for executing of the faids Statutes , and fhall under their hand, offer the perfon fo diofeni 1 to the Sheriffs , Lords and Bailiffs of Regalities , Stewarts, CommifTaries , having the ordinary Jurifdictioni I of that place , who are hereby authorized to give CommifTion and Deputation to the perfons fo chofeni for conveening the perfons tranfgreflbrs of the forefaid Statutes , and to judge in them according to Law .• And it is hereby Declared , that all execution fliall pafs upon the Decreets and Sentences of the faids Judges and Commiffioners , as do or may pafs upon the Decreets or Sentences of Sheriffs,' i Bailiffs of Royalty or Regality , for executing of the faids Statutes, conform to the tennor thereof in all points. With Power to the faid Minifter , Kirk-Sesfion and Heretors of each Paroch conveened in manner forefaid, to modifie and appoint fuch part and portion of the fumsariftng by the faid Decreets , to the Collectors