Page:The Laws and Acts of Parliament of Scotland.djvu/820

i8 xyln Abridgement of the That all Fifliers of Herring, or white Fiih, upon the coaft or within the Hies, or Firths bring the fame to free ports , that the Lieges may be firft ferved , and the reft bought, faked, and rranlported by free-men, under the pain of Tinlel of the Veffels , and haill other Moveables of the Conttaveeners. Ibid. cap. Ratified , and all Judges ordinary impowered for executing thereof within their bounds, Jam.6.p. 6.cap.86. That there be a juftftandart for herring, or white fiih , keept at Edinburgh, and ftaples are appoynted for the faid Herring , and white Fifli , and that no Fifliers lell their Herring to Strangers , or Un-frecmen, or tranfport them to other Countries, underpin of Efcheat oftheir Meveables, Jam, 6. p. 8. cap. i4t. But the ftaple of Herring and white Fifli (lain on either fide of Forth , appointed toloii, and 1 Carrail by the faid Aft is difcharged , and full Liberty allowed to the whole free-Burrowes on either fide of the faid Water, Jam. 6. par. ro. cap. 14. That Caution be taken of Ships going to the Norfh-fifhing , to return tae third part of their loadning of Herring, orwhiteFifli withinthe Firth or other free-Burrowes , under the pain of an Hundred pounds , Jam. 6. par. it. cap. S7- Aft for Fitting, and erefting of Companies for inproving the Fittung Of Her- ring, and white Fifli, fettiug down their Rules , and Priviledges , as in the Aft, and that each Barrel of green Fifli contain Twelve Gallons, Car. 2. par. i. Sell. r. cap. is- FLESH. That none carrie Flefli forth of the Realm, under pain of efcheat of the whole moveables of both Owner , and Skipper, Q. M. p. 6. cap. 40. That for preventing this tranfport, that Ships be Victualed at the fight of the Magiftrats, andCuftomers of the Burghs and free Ports, where they lye , and if any morebefound.thatitbeConfifcat, Ia.s.p. 5.C. 67. But Batrelled Flefli may be exported by Sea free of Cuftom , Bullion , or other Impofitions , for Ninteen years, Ca. 2. par. 1. SefT. 3. cap. 12. -Anno 1663. FOOT-BALL, and GOLF. That no man play at the Foot-ball , under the pain of Fifty fallings to the Lord of the Land, otto the ShiretTin his negleft , Jam.r.p. i.e. 17. The Foot-bal,and golf difcharged.and that they are not to be ufed in time com- ing,Jam- 2. p. r4. cap. 64. Jam. 3. p. 6.c.4s,and Jam. 4. p. 3. cap. 32. And thislaft Aft appoints men to ufefliutting, and archery , in place thereof, See it in W«p»»- fliaviing. FORBIDDEN G O O D S to be Exported , or Imported. Goods forbidden to be tranfpoi ted , Linnen Cloath , Lint-feed , made Candle, all Tallow, eating Butter, Barked Hides, or made Shoes, under the pain of efcheat of the buyers , and tranfporters whole Moveables , Jam. 6. par. 4. cap. sp. See Eefiial, Cattell , Coats, Flefli, kiarfe , Tallow, Wool, 8cc . in their own places. Aft Ratifying all Afts made againft the tranfporting of forbidden goods, Ja. 6. p. 9- c. 9. Calfskins, Hudderous, and Kids Skins , forbidden to be tranfported, packed, andpeiled, under the pain of Confifcation thereof , to the King, Jam. 6. p. t2. cap. is 5. Ratified and extended to Schuiling Skins, underithe fame pain , andfthe Tranf- porters to be farther pnniflied in their Perlons. and Goods, at the Kings will. Ia:6:p: 13: c. 178- Ratified , and farther , that none export Calf, Kid , Hudderon , or Schurling Skins, or any Goat, Han, Buck, Deere, orotherwild Beads Skins, under the pain of Confifcation, refeiving to the Exchequer to grant licences , Car: 2: p. r. Seff: i--c:45- That none export, orimportforbidden goods, under the pain of efcheat, the forbidden goods to be intrometted with by the Comptroller , the reft by the The- faurer , and that all Licences not granted by the Council, and componed, and paft all the Seals be null, Ia:6:p: 16: c: ij. That none, Stranger, or other, tranfport forth of the Conntrey , Butter. Tallow, or other forbidden goods, under the pain of Confifcation of the Ship, and whole goods the Owner of the forbidden goods hath therein, Jam. 6. par. 23. cap. 12. That none export, Worfted, Woolen-Yairn , RaworunwalkedCloafhs, or Sruffes, madein&trAW, (plaiding excepted) broken Copper , Brafs, or Pew- dei, underthe pain of Confifcation, halfto the King, half to the Apprehender, oiPerfewer, Car: 2; p: 1: sefl: 1: cap: 46. F ORBI D DEN to be imported. Made-work "by Tradfmen, Car. 2. par. 1. Seff. 1. cap. 47. See it in Made- ■work: That no <s4qtta-uite , ftrong Water, Mum-beir, or other Drinking-beir, (black or Spruce-beir excepted) Be Imported, under pain of efcheat thereof, Car. 2. p. I. SefT 3. c. 7. EutBrandie, and Mum, or Brimer-beir , Licenfed to be imported, Car. 2. p. 2. Seff 4. Cap. 2. See Brandie, and Mum-beir, Great prohibition of Import, Car. 2. par. 3. c. 12. See the Aft in Trade, fee Licence. FORE-STALL TOUR. E R, and R E G R A- That Fore-ftallets buying Viftual, Flefh, and other fluff, before it be pre- sented to the Mercat , or in the Mercat before lawful time of day, bepuniflied by Imptifonment , and efcheatingof the goods bought or arled , two thirds to the King, the third to the Difcoverer, Jam- $. par. 4. cap. 21 , and Jam. 5. par. 7. cap. 98. That Magiftrats of Burghs, and none other, punifli Fore-ftallers within the fame, lam: $: par: 7: c: 113 , And all thele Afts Ratified, and the faids Magiftrats conftitut his Highnefs Juftices for the effeft forefaid , lam. 6. par. 6. cap. 88. WhobuyesanyMerchandice, or Viftnal coming to Fair, or Mercat, by Land, orWater, or makes anybargain about itbefoteitbein the Mercat place, Burgh, Toit, or Road readie to be fold, or who makes any motion by word, or writ, for railing of prices, or difwading the bringing of any thing to the Mercat, he is a Fore-ttallcr : And who gets any Corn, Flefli, Fiih, or other Vivers , in any Fait orMercat, and fell it again in any Fair, orMetcat in the fame place ot four miles about it , or who buyes , or bargains for growing Corns , he is a Regrator , and the Thefaurer, Kings Advocat, alswellasthe Magiftrats of .Burrowes, may perfew fuch , and that without a fpecial lybell , but only upon Fore-flailing in general, and the pains for the firft fault 40. pounds, for the fecond an Hundred txerk? , and for the third Tinfel of Moveables, la. 6. p. 12. c. 143. FORE-THOUGHT Fellonie. That all Judges , and Officiars , whom it effeirs , upon complaint inquire dili- gently,ifthe deed was done on fore-thought fellonie,orchrowChaud mella: And if on fore-thought fellonie , that the Party hurt be Ail'ythed, and the life and gudes of the Trefpaflor in the Kings will , and that theTrefpaflor be incontinent lmpri- f oned , but if the deed was done thtow Chaud-mella , It is to be followed aftei the courleof the old Laws, la. i.p. 3. C; jr. If any man bargain, (that is quarrels) either in Burgh, or Land, that whether plaint be made or not, both Parties be arretted, and the fame, or next lawful day, Inquifition be made by an Affife, whether it be fore thought fellonie, or fuddenlie done; Andiffuddenliedone, that they be demained asthe Law treats of before, and if it be foie-thought iellonie , the Party to be Imprifonjd, and a mends made, and the Party puniftied as law will, la- 1. p. 6. c. 96. If fuch Bargain in Burgh ihall be called fore-thought fellonie, and thePar- ty efcape unarrefted, the Shirreff, or Lord of Regality, where he is refet. when certified, lhall perfew, and lend him backto abide the Law. ,1a. 3. p. s- C. 36. See Girth and Slaughter. FORE FAULTURE. Sentence ofFore-faultureof the Earldom of March, and Lordlhip of Dumbar, and of all other Lands , which the Earl of March held of the King in Chief, lam. 1 . p.I2.C I3S- All Alienations by Petfons Fore-faulted, ortobe Fore-faulted, for the minder of the Kings Father, and of his Regents, made fince the committing of the Crimes arc declared null, Iam.6. par. 2. cap. 36. Extended againft But- gefles making defeftion from rhe King , and Aflifting declared Traitors, Ibid. cap. 39. That all faithfHlfubjeftsbruick and joyfe their Tennendries, to be holden of theit next Superiors , notwithstanding of any Fore-faulture of rheir immediac Superiors in this Parliament , Providing they doe not thereafter make de- feftion from the Kings authority, Ja. 6.p. 2. cap. 3 7. Aft Ratifying the former Aft, la. 6. p. 2. c. 3 7. And declaring it to have been valide from the begining, la. 6. p. 5. c. 65. That no Procefs of Fore-faulture for Treafon againft the King , or his Eftate be reduced for any pretenditnullitie of Procefs , while firft the Crime be freely remit- ted , or the Party tried, and acquit; And that no Advocat, Writter, or Others, travel , folift , or advice , in the contrary without warrand of King and Parlia- ment, under the pain to be repute partakers with the faids Traitors. Item, that the King rcftore againft Fore-faultures, only by way of Grace, lam: 6: par: 8: cap: 13 S- 1 Thar by Fore-faulture of Peifons convift of Treafon, the King hath right to all Lands holden of himfelf; As alfo to pieient heretable Tennerts in their place , to their other Over-Lords, and likewayes to all Tacks, and Poffefifions , pertaining to them, And therefore . and for preventing the abftraftrng of writs, Its ordained, thatall Lands, and Heretages , peaceablie poflefled by any Perfons Fore- faulted iotlefe Maie/iie, or by them to whom the Appeirand Air Fore- faulted ihouldfuc- ceed , for five years before the Sentence , or the deceafe of the faid Appeirand Airs Predeceflbrs , by labouring, fetting, and uplifting , the mails theteof, as their Heretage, and fua repute Heretable Fofleflbrj of the fame for the faids Five years. fliall appertain to the King , and his Donator , without any qucftion to be moved thereanent, albeittheycannotfliew the Securities made thereanent to the Perlons Fore-faulted, or their Predeceflbrs. Item, that the faid Pofleffion be tryed upon a Commiflion under the quarter Seal,by an Affile of the Shire where the Lands lye.oi Others that befts knows the rule,and their verdift to be retoured to the chancellarie, and to be of als great Strength as the Fore-fault Perfons Rights to the Lands. Item, that the King, or his Donator be fummarly entered to the Pofleffion, & Tacks of the Rebels, and continue therein unaltered, 01 hightned for five yeats, that they may fearch out the Tacks,& Titles. Item,that the Perfon prefented to a Jew Fore-faulted, or any Vaffal of a Fewer Fore-faulted, be not compelled to produce acquitances of Few -mails,or Annual-rent out of the Fore-faulted Z,ands,of any years preceeding.or fince the Fore-faulture , they alwayes payand the faids Annual- rents, or Few-dew- ties in time coming, how foone it fliall be verified that the Lands are lyable by the Infeftments of the reifonsFote-faulted, Ia.«.p.9-c. 2, Aft annulling an Aft of the Parliament, firfb of J une , 1592. in favours of Vaf- fals of Ferfons Fore-faulted, and ordaining it to be Deleit, Ja.6. p. 14.C 2»i. and accordingly the Aft is not now found. Thatno Bands, Affignations, lenfion, or Factory, grantedby Perfons Fore- faulted be valide, unlefs either confirmed by His Majefty, or authoiized by a decreet before the Perfons Fore-faulted were firft Summoned , for the Crime. Ibid. cap. 202. Fore-faulture of the Earl of Goturie , and his Eftate , annexed to the Crown, lam. 6 p. 16. cap. 2. And the Aft lam. 6. p. 2. c. 37. Ratified in favours of his Vaffals,and Tackf-men, and that notwithstanding of the Aft. la. 6. p. 14.-^.201. They payand to the King and their Other Superiors , refpeSive, Tenpomiic for each Twentie fliilling Land , and that they hold of Gowrie betwixt and Whit- fonday, 1601. for Compofition. /W.cap.3. Ratification of the Forf aultours of the Earl of BothweIi,zn& of the Earl of Gato- rs and his Brother; that no reftirution of grace prejudgerhe Kings Donatour, but beallanerly extended to the rehabilitation of the Perron to whom it is pranced; and that the Extrafts of Difpofitions or Confirmations fliall be as valide to theKings Donatour, as if the Principal evidents were extant, which ate not be improven foi noproduftion: the Donatour abiding at the vetity of the deed, and of its extract, la. 6. p. 18.C 4. Aft Ratifying the Procefs and Dooms of Forfaultour led and pronounced againft certain Perfons named in the Aft, for the Rebellion 1 666, before and by the Ju- ftices, albeit the Parties were abfent, Car. 2. p. 2. Seff. 1 . c. 1 1 . And this prece- dent is made a rule in time coming. See the Aft in Treafon. FORFAR BURGH. Aft changing the Metcat day of Forfar {torn. Sunday to Friday weekly, la. 6.j. 13. cap. 192. FORNICATION. Fornicators, as well the man as woman , to pay for the fitft fault fetirty pounds, for the fecond an huudredmerks,iox. the third an hundred pounds; and (0 forth al- wayes an hundredpottnds, or elfe to be puniflied corporally, as in the Aft, and the faids Fines to be applied adpios ufui within the bounds, as the King fliall order, la. 6.p.i. cap. 13 Fornication made finable by the Iuftices of Peace in four hundred pounds the Nobleman, tuto hundred pounds the Baron, an hundred pounds the Gentleman and Burgefs, and ten pounds every infetiour Perfon; and that the pains be doubled toties tjuoties, and levied of the woman as well as the man , and applyed as in the Aft, Car: 2: p: I : Sell: I : c: 3 8. See it in Jujlices of Peace. FORRESTS. That all pretending tight by /nfeftment, or Tack of keeping the Kings Forfeits, produce the fame; and that no fuch keeper fuffei any ma»ner of Goods to be Fa- ftured