Page:The Laws and Acts of Parliament of Scotland.djvu/809

Affisof'Tarliament, &c. BENEFICE and BENEFICED SONS. See Dilapidation. PER- That Benefices purchafed at %ome , by fuch that were never thereat before,be of none avail: and that no Benefices be unite to Bifhopricks, Abbacies, or Priories, and that fuch unions be null, and the purchaiTers punifhed as Traitors. Except that Lords and Batons may purchafe the Annexation of any Benefice, to Secular Colledges. Item, That there be no higher Taxation of Benefices, but as the old ufeandcuftontewas, and as is contained in the eld Taxation of Bagimont, J. 3. p. S.c. 44. And this laft part anent the Taxation of Benefices ratified- And that the attempter in the contrary, of a Spiritual Fetfon be unable to bruik Benefice, and if a Temporal, tine life and goods, Ja.4. p 4. c. 39. Item, That none fupport, or fcpply with money the faid unlawful purchaflirs of Benefices, Ja. 3. par. 1 1. cap. 86. That no Clerk purchafe Benefice belonging to rhe Kings prelentation, the Seige vacking, at Komt, under the pain of profcription, and treafon, Ja.4 p. 1. cap. 4. That Prelacies, abbacies, and other Benefices, remain and be difponed with- in theRealm, asin King /.!;«« the firft's time, under the pain of prolcription, a- gainil fuch as do in the contrary, Ja.4. p. 4. cap. 3 S. Item, That dittay be taken on the breakers of the faids Afts, Ja. 5. p. 7. cap. r r 9. See the Act s againft Clerks, or Spiritual men their palling forth of the Realm, in Faffing forth of the 'Re- alm. That all gifts of Benefices elective, or penfions difponed by the Queen, fince the Parliament is 60. To tlie Kings Coronation, beasvalide, as if granted by the Popes-fiulls, but prejudice of the Aft of Council, anent the leaving to Minifters, all Benefices within thieehundrethmerks yearly, and of Laick Patronages. Ja: 6: p: 1 : cap. 20. And the Commiflars are ordained, toMinifter Jufticeon the faids gifts; andiiclike on gifts to be granted by His Majefty in time coming. Ibid. cap. 29. That all Prelates . and Pofliiibres of Benefices, at his Highnefs gift, give up juS Inventarie of the two part thereof, conform to the firft aiTumption of thirds,other- tvayes their Benefices to vaik, Ja.fi.p. 15. c. 244. See Third, of Benefices. No Beneficed perfon under a Prelate, may let longer Tacks ot Teinds, or others, belonging to his Benefice, then for three years, without the confent ot the Pa<- tron, Ja. 6. p. 14. cap. 200. See Patron. That no Prelate fet in Tack, any part of their Patrimony, for longer fpace then nineteen years, and no interiour Beneficed Ferlon, lor longer then their own life- time, and five years thereafter, under the pain of depofition. And that all Tacks otherw2yes fet, for difcoveryrhereof, be regiftrat within 40. dayes, elfe are null; Excepting from this ^i&, all Tacks fet be vertue of the Comniiilion fot plantati- on or Kirks, granted in this Parliament, Ja. 6. Par. 22 cap.4. ^is alfo, Itisde- cl.ued. That the interiour Beneficed Perfon, mutt have the confent of the Pa- tron to nis Tacks, conform to the faid ~4&. Ja. 6. p. 14. cap. 200. Ja.6.p. 23. c.15. BESTIAL, orCATTEL. Thatno Cattel be fold out of the Realm. Ja. 3. p. 4. cap. 25. See England. ThatflayersorhochersofOxeii, or other Cattel, be punifhed as Thieves. Ja.«. p. 7. cap. 1 10. Seethe Aft in Horje, and how it is limited, and extended. Ja. 6. p. n. c. 82. ibid. Aft Ratifying all Afts made againft the tranfporting of Sheep, Nolt, or other Cattel, young, or old, forth of the Realm , impowering any that finds them driving, roftaythem, and keep the Drivers to thole an AtTife before the Juftice or Shirettof the bounds where they ifiall be apprehended, whom His Majefty makes Jufticcs in that part, for trying and hanging of the offenders, and efcheating their moveables, halt to the King, and the other half betwixt the Judge and the appre- hender. Ji.tS.p. 7. cap. 124. Item. Sheep and Nolt forbidden to be tranfported to England, or fold to En^U/h- men who tranlport the fame, under the pain of efcheat thereof , and of the whole other moveables of the aftualtran (porters : And alfo of the caufers and fellers thereof to be tranfported, half to the King, and half to the apprehender , and warding tor fix moneths, and otherwife at the Kings will, annulling all lieences granted, ot to be granted in the contrare. Ja. 6, p. 12, cap, 149, Bertial, Thatis, Nolt, Sheep, or Swine, may be exported by Sea, free of Cu- ftome or Bullion for 1 9. years. Car. 2. p. 1. Sell 3. cap. n. *Anno(,6i. BIBLE. That all Houfholders have Bibles and Pfalm Books. Ja. 6. p.S. c. 72. See it in Houlholders. BIRN, See SKIN and BIRN. Bifhops, See Benefice and Dilapidation. Bijbops, Abbots and Priors fet down in order before Earls, Barons, in the Latine Titles ol thefixth, feventh, and eight Parliaments, Ja. 1. And before Duk:s and Earles, Ja. t.p. 7.cnp. 102. And Prelati before Barones Proceres, Ja. 5. p. 1. That Bifhops inquire of Herefie, Ja. 1. p. 2. cap. 28. ThatnoBilhop, nor Prelate, ufe any jurifdiftion by the Popes authority, under thepainofbaniihmentandiufamy, Ja. 6. p. i.eap. 2. ThatallBiihopticksbedifponenby HisMajefty to actual Preachers and Mini- fters in the Kirk, Ja. 6. p. 1 5. cap. 231. The eftate of Bifhops reftored to their honours, priviledges, livings, and rents, as the famin was in the reformed Kirk, molt ample before the Aft of Annexati- on, 1587. And this Aft of Annexation, and all other Afts prejudicial to the faid eftate refunded. Providing neverthelefs that the Bifhops entertain their Minifters upon the thirds : And but prejudice to their Fewers and Tacks-men, they enter- ing by the Bifhops, and paying the compofition appointed in the Aft. As alfo, excepting Fewes lawfully fet and confirmed before the faid Aft of Annexation : And all Difpofitions of Patronages difponed by the Titulars and His Majeffy, pro- viding they be ratified in Pailiament. And all common Kirks pertaining ol old to Bifhops and their Chapters in common, difponed by HisMajefty before the date hereof. As alfo, excepting the Caftle of St. Andrews, and Yeard thereof, to the Earl of Dv.mbar, and the Z-ands of Monnimaill and Letham, wi:h the Mannor Place, and Patronage ofihe Kirk of Monnimaill to Sit 'Robert Melvill. There is al- fo an exception from the forefaid Compofition , appointed to be payed by Fewers, in favours of the Fewers of the Archbiihoprickof&7/'Jg!iui, Ja. 6. p. r 8. cap. 2. Aft giving liberty to the Bifhops to fet Tacks, long, or fhort. as rhey pleafe, without reftraint : only itisrecommended, that the duty be competent; and the duty of the faid Tack is ordained to be the Rental!, not to be diminiilied. And the Bifhops are ordained to give in fumcient Rentals of their Benefices within a yearafterthedateof the Aft, to the Clerk Rcgitter, under the pain of athoufand merks. WhichRentals are to remain in their integrity in all time coming; that the Minifters may be the more allured of their Stipends to be appointed forth thereof And rhe Aft annulls all Afts and Laws made or to be made, whereby anyBenefiedperlonis, or may be prohibit to fet Tacks of Teinds, that mayfub- fitt in Law. itnf.cap.4. B t ut Bifhops and all other Beneficed Peifons ate again limi- / red in their Tacks, to a certain number of years, Ja. 6.p.23.cap. 15. SeetheAft in Benefice. A Bifhop refuting a Teftimonial to a Pedagogue, in the cafe in the Aft, may be called before the Council; and if he fatisfie not the Council , they maygive one, la- 6. p. 20. cap. 1. The Commiflaiiots reftored ro Bifhops, with power to them to appoint Com- miflaries, andcreatCletks, and all other Members of Court: And the Quotes ofTeftaments are ordered to be pajed to the Bifhops, and Letters to be direft on their Commiflaries fentences. As alfo, to charge Perfons to confirm Teftaments, asformerly. And all former Commiflaries are difcharged, without prejudice to the Earl of ^irgUeot his hcretable right of Commiflariat within ~ArgUe, la. 6. p. 20. cap. 6. TneBiihops have right to moderat in their Diocefian Synods, either bythem- felves, or Dy a Minifter ot the bounds appointed by them. That no fentence of Excommunication or abfolution be pronounced, but by their direftion to the Mi- nifter of the Paroch where the offender dwells. That all Prefentations be directed totheBifhopoftheDiocefs, towhom alfo the JMdevolutum , in cafe of the Pa- trons neglect, is declared to belong: And in cafe the Bilhop refute to admit the Minifter ptefented, the Patron retains the fruit ot the Benefice, and either he or the I aroch may complain to the Archbifliop, and if he alfo reiufe, the complaint lyes to the Council ; who finding the Bifhops reafons infufficienr, may direct Let- tcrsof Horning, charging him to do his duty. Item, If the Biihop, by oath of patty, or otherwjyes. find that the Minifter hath made a Simonical paftiou with thePatton.tothe hurt of the Benefice,he may refufe him. (See Simony.) The Bi- ihopafibciatingrohimfelfrheMiniltetyof the bounds, hath power upon rriall, todepofeorfulpend Minifters. That the Bifhop by himfelf, or a worthy Mini- fter of his Diocefs, make his vifitations. Andlaftly, That the meetings of the Minifters for exercile be moderate by the Bifhops,or fuch as they appoint : Which Articles being concluded upon at theAflembly at Gla/go-w, ^Anno rSio. are all ratified, and ordained to be obferved as inviolable Laws. And the Aft, la. 6- p. 1 2. cap. 114. ( Se it in KJrk.) and all other Laws and cuftoms,in lb far as they are conttary tothe premifles, ajerefcinded, Ia.S- p. 21.cap.1- That Bifhops be elefted in this order, upon the vacancy, His Majefties licence is to be expeoe, and then an Edift to be affixed on the moll patent door of the Ca- thedral, charging the Dean and Chapter to conveen for eleftmg, who, lb many as fnall be conveened, fhall chufe the perfon named by the King ; he being an adtual Minifter, and no otherwajes : And this being teftified under their Seals.His Ma- jeures aflent under the Great Seal fhall be a fufficient title to the Sptrituality,during the elefteds life : And thereupon, and on His Hiencfs Mandat direft to a com- petent number of Bifhops within the i'tovince. The perfon elefted fhall be confe- crare, and then he fhall have His Majeliies grant of the Temporality under the Great Sea! ; forwhich he fhall firft do homage, and fwearthe Oath of Allegiance and fidelity, befoteheintromet. And the Lords of the Seflion are not to autho- rize any Bilhopsprovifion, unlefs he be thus entered, la. 6. p. 22. cap. r. , Aft allowing Bifhops and members ot Chapters to fet Lands holden of them by fervice of waird and relief, in few-term, tor a competent duty anfwerable tothe retourcd duty of the Lands, ifretoured, or if not, of Lands of the like value in theCountrey, and doubling the fame atthe entry of the Air: And this Aft or- dained to be in force for three years, la. 6, p. 23 ■ cap. 9. .slnno -V6tt. HisMajefty and the Eftatesof Parliament finding tpifcopai Government to be moft agreeable to the Word of God, effeftualfor prclerving of truth and unit;, and Irritable to Monarchy and the publick peace, Redintegrat the ftate of Bifhops to their ancient rights and places, and reftore them to the exercife of their functi- on in the Church, power of Ordination, Cenlures, and Difcipline, to be perfor- med by them, with advice of fuch of the Clergy as they fhall think fit: Ratitying all Afts formerly made in their favours, and all Afts in the contrary, And for Presbyterian Government fpeciallie the Aft la. 6. p. 12. cap. 113. are refcinded. Item, They are reftored to theit CommiiTaiiots and Quotes, according to the Aft, Ja.6. p. 20. cap. 6. But prejudice to the pteient Comroiflars, their Clerks, and Fifcalls, of their places. Item, All gifts and deeds paft by whatfoever authori- ty to their prejudice, fince the year 1 S3 7. are made void, and they an re-pofTef- fed foi the year 1661. as they poflefs'd in the rear 1637. But all entries of Vaf- fals, Retours, Signators, Infettments granted by the King, or any having right fiomhim, or the authority for the time, of Lands and others holden of the Bi- fhops, in the time of theit interruption, are declared not to be prejudged, piovi- ding this be not extended to any new gift, or original right, otherwayes granted then pteceeding the year 1638. It being His Majefties intention, that the Bifhops fhould be in the fame cafe and condition as in the vear 1637. But the Bifhops, or their Aires or Executors, are declared to have no right to the Rents betwixt the year 163 s andi66i. In prejudice of luch who had righr for the time : And alfo, thofe that have made payment of by-goneRencs of the faids Bifhopiicks , arefer cured thereanent, Car. 2. p. i.Seff. 2. cap. 1. Ratified ibid. Self. 3. c. 1. Aft anent SufpenGons ot Bithops Rents. St e ia Sufpenfions. BLACK-MAILL. That none take or fit under the aflurance of Thieves, or pay them Black-Maill, underthepain of death, and efcheat of their moveables, Ja.S.p. 1. cap. 22. That dittay be taken up of both takers and payers of Black-Maill , and juftice done on them according to Law, andfoverty taken of them to abftain in rime coming, Ja 6. p. 11. cap. 101. BLANCH HOLDING. Thatthe Kings VafTalls holding Blanch, be only lyable in their Blanch Dutie?, if the famin be required allanerly, and no wayes be charged with fums of money, as the prices thereof, Ja. 6. p. 18. cap. 14. BLASPHEMIE. That whofoever not being diftrafted in his wits, fhall taili upon, or curfeGod' or any of the Perfons oftheblefled Trinity, and obftinatly continue therein, be procefled before the chief Juftice, and being found guilty, puniflied with death : And this Aft is drawn back to the 17.. of Feb. 1649. Car. 2. par. 1. cap. 21. BOLL. See METTS and MEASURES. BOOKS. Aftdifcharging the Cuflome of Books, marked amongft the unprinted Acts, Car. 2. p. 2. Sefs; 1. Books erroneous forbidden. See Religion. BORDERS. See ENGLAND and HIGH-LANDS. Aft anent the Border Rivers of ^AnnavA and Tweed. See in Salmon d. Aft difcharging all Decreets of ejection and removingobtamed in the borders twenty years before King James his fucceeding to the Crown of England , except allanerly as to the obtaining of pofleflion, and the ordinary profiles fince the Kings going to England. *Jn& it is provided, that upon charges given after the date of this v^ft, the famin be obeyed,otherwayes the petfon denounced for difobedieDce , B 2 to