Page:The Laws and Acts of Parliament of Scotland.djvu/836

ilAii Abridgement of the 34 Piicersof Wine , and Timber, forthatyear, and fo forth to be chofen from year, to year, and if the four to be named by the Shire, andthe King, be either not named, or doe not concurre when required on fourtie eight hours, that then theothcrfourmay by themfelvsfet the faids prices, Jam. 6. par. n.cap. 53. Prices of Eils, and Letters, to be taken by the Clerks of the Signet, Jam. j. par. s.eap. 6r. Trices of Writs, and Seals, to be taken by Writters, Clerks, and Keepers, firftappointed by theLordsof Seflion , and then ordained by the Council in the year, 1606. and now Ratified, and Commanded to beobferved in time coming, and that Writters, and Clerks , writon the back of all Writs given out bv them, the juft price they receive, andfubferibe the iame , under pain of Deprivation, jam. 6- p. 23. cap. 19. There is alfo a farther regulation of the faid prices , and fees , Car. 2. par. 2. Sefl" 3 -cap. 16. PRINCE. A general, and ample Ratification in favours of Charles, Prince, and Steward of Scotland, excepting thercfra the Aflignation made to the Caftle of Dumbar- ton, until fome other provifion be made inlieu thereof, Jam. 6- par. 23- cap. 4. PRINCIPALITY. The free Tennents of the principality, givefute, and prefence, in Parliaments, and Juftice Airs, when there is no i'rince. Jam. 4. par. 2. cap. 16. See it in "Parliament. PRINTER. That no Printer print any thing without Licence, under the pain of Confiicati- i»n, and Banilhment, Q. M. p. 5. cap. 27. P R I O R I E. That all Fewers, or ValTals of Priors , ot PriorelTes , orFriers, orNunsplaces, after the decay of their faid Superiors , hold of the King, as they held of them, jam. 6. p. 2.cap.38. PRISON-HOUSE. That fufficientPrifon-houfes be built within three years in all Burghs by theMa- giftrats , and Council thereof on theit Common gude j or otherwife on the Chargesof theBurgh, for keeping theirown, and all other Prifoners that/hall be prefented to them , but the Prifoners to" be keept on their own expence, lam. 6. par. is. cap. 273. The oveifightofthe condition of Prifon-houfes recommended to the Juftices of Peace in their inftruftion, Car. 2. p. 1. Sell. 1. cap. 38. .See it in Juftices of eace. PROBATION. An exception being admitted to probation, the Lords ihould declare how much of it is to be proven by Writ, and the Writ ihould be produced in termino , or dili- gence for it, otherwife that the term be circumduced: and if the Writ be produc- ed, the other party may object againft it, Q. M.p.7.c. S3. See Prefinption, as to the feveral manners of probation by Witneffes, Writ, or Oath. PROCESS. TheFormofProcefs in Spiritual Courts, to wit, that after peremptory Citation of the Clergy-man, ihewing the caufe, and under the pain of Excommunication, Litifconteftationbemade: and if the thing be confefled, that the Defender be charged to pay within fifteendayes, under the faid pain, butif denied, thataday be afligned to the Furfuer to produce all his proofs peremptory , and that this day beingcome, another day be afligned to the Defender to produce all his excepti- ons peremptorly, and then a day afligned for fentence , fo as Procefs be ended within fourtydayes: And that the Iudge not obferving the fame, be condemned by his Ordinary ep fatisfie the Complainer, la. 1 . p. 6. c. 87. That for facility of Procefs, the fame be given to the Furfuer on his expences, paying four pennies for each Aft thereof allanerly, la. 4, p. 6.c. 67. That no Procefs be granted before Inferior Iudges on the firft Summonds, but upon Libelled Precepts, and citatioff of fifteendayes, conform to the Aft of Par- liament, la. 6. p. 23. c. 19. Act for regulation of Ptocefs before the Lords of Seflion, Car. 2. par. 2. Sefl. 3 . cap. 16. PRODUCTION of WRITS. That all perfons may be charged in general or fpecial, under the pain of Rebel- lion, toproducebeforeCommiffionerstobeappointedby hisMajefty, all Ren- tals of whatfoever Benefices, orHofpitals, or things pertaining thereto , with all Infeftments, Tacks, or other Rights made to them of any Kirk -Lands, Temple Lands, teinds, or other Kirk Rents, that they may be infpefted, and to deliver authentick Copies thereof, la. 6. p. 12. c. 131. That all Fewers of the Temporality produce their Infeftments and Titles betwixt andthefiidoijannary, 159S. under the pain of nullity, Ia.6. p. 1 j. c. 245. PROFANENESS. Aft againft Profanenefs, Ratifying the Acts la. 6. p. 22. c. 20. agalnft Drunken- nefs. Car. 2. p. i.SefT i.e. 18., I9,and38. for the due obfetvation of the Sab- bath, and againft Swearing and exceffive Drinking, ordering who Hull execute the fame in every Paroch, and how the Fines ihould be Collected and Applied, Car. 2. p. 2. Self. 3. c. 22. See the Heads here mentioned. PROTECTION. The breakers of the Kings Protection being fummoned on fourlydayes, the breaking lhall be put to the knowledge of an Aflize, whether the breaker compear or not, and if found, heihallbe unlawed in ten founds, and Aflith the Party, la. 1. p. 11. c.134. That the Lords of Seffion grant no Proteflions from Legal Execution, decJa- cing that the Granter lhall be lyable to the Creditor for the fum, lam. 6. par. 23. cap. 13. Aft Ratifying all former Acts againft Protections, and difcharging the Lords of Trivy Council, Seflion, and Exchequer, togtant any from petfonal executi- on , certifying that the gcanters Hull be lyable for the debt , and that the fame lhall not flop execution: Yet the faids Lords, as alfo the Juftice General and his Deputes may fufpend petfonal execution for a few dayes againft perfons appointed to appear perfonally before them, Car. 2. p. 1. Sefl! 3. c. 4. The fame again it-itute,and that fuch as areacceflbry to the granting may be known, all Pro- tections, Superfederies, and Licences, are ordained to be Signed, and the Sub- fcrrbers are declared lyable for the Debt as Cautioners , and Protections are or- dered to be recorded, and rhat the Extraft make Faith, andthe forefaid libertyof Sufpending Execution, is limited to a moneth , and the Party citing any perfon that needs a Protection, muft firft make Faith that he is a material Witnefs , aad alfo the Protection muft bear the caufe : And Proteftions granted contrary to this Law, do not only hinder perfonal execution, butifanyMagiftrat, or Meffenger. do therefore refufe to concurr.he is declared lyable for the debt : As alfo, the Ly- on,in cafe herefufe to depofe the Meflenger, refufing to concur, as faid is, Car. 2. par. 3. cap. 9. PURPRISION. No Vaffal under the Saron hath power to hold Courts, orcogncfee on Purprifi- on, la. 3. p. 10. c. 80. Who labours, Inclofes, orapproptiatsany partof his Majefties common Muirs or Commonties , commits Purprifion, and ihould be puniihed according to the old Law and Coniuetude, la. 6.p. 16. c. 5. 2.p- 3-C- 3. UARTERING, All free Quartering of Souldiers, TranGew or LocaS, difcharged, Car. Q_U E E N. That the Prelats and Barons make the like Oath to the Queen ( The Oath is not fpecified, but it feems to be the like Oath that they make to the King ) la. 1. p. s. cap. 110. All the Lords of Parliament, both Ecclefiafticks and Seculars, and the Com- miflioners of Burghs, promife Letters of fidelity to the Queen, lam. 1. par. 12. cap. 136- The third of the Kings Rents of Aflife, that is of Lands and Cuftoms, Ihould be afligned to the Queen for her Dowry and Terce allanerly , and no farther, la. 3. p. i.e. 2. Confirmation of Queen Anne's Cotittid of Marriage, whereby the Earldome of Fife, Lordihipof Linlithgow, and third of the property of the Crown were appointed to her mjoynture "during her life, befide her Morning Gift from the King of the Abbacy of Dumfermtme. And the Queen with advice of the King choofesaCouncilfortheadminiftratfonofher affairs, which nomination is alfo Ratified, Ia.6- p: 13. c. 191. Ratification of Queen ^Anne's Infeftment of the Loidlhip of Dumfermlint to herandthe Aitsof herbodybetwixtherand theKing, which failzieing , to King James his Airs and Succeflbrs fucceeding to the Crown of Scotland : As alfo, of all deeds made and granted, or to be made and granted by her , with advice 'of her Husband and Council, of the faid Lordfliip, or any part thereof, in manner let down in rhe Aft, la. 6. p. 2 1 . c. 1 o. Ratification of a Supplement of four made by Queen ~4nne of her Council , in place of fo maDy of the former nomination deceafed, and conform to, and in'the terms of the faid Act, la: 6: p: 22; c: 11. See Dumfermline. QUOTS of TESTAMENTS. That no Quots of Teftaments confirmed fince the fixteen of November, 1 541 . oc to be confirmed in time coming.be exafted.Car. 2. p. 1 . Self. i.e. 28. But this Acl repelled in favouts of Bifliops, Ibid. Sefl- 2: c. 1. That the Quot be only payed for the free Geir in Teftaments, and that for in- ftructing the Debts, Creditors may be called, and alfo their, and the Executors Oath taken, as to the reality of the Debt. That Executors Creditors pay no Quot, in fo far as effeirs to their Debt : And ficlike of Relicts confirming for their provifi- ons, in fo far as extends to five years purchafe of the Liferents confirmed for, that poor people not worth fourty pounds, their Confirmations be free of Quot,and for Fees of Court that they pay only two pounds eighteen fliillings .That HeretableDebts where there is an Heretable Efface , defalk not off the Inventar in diminution of the Quot. That there be no divifions in Teftaments in favours of the Relict, where ihe is excluded, or in fo far as flie is excluded, and that this exclufion be pro- bable by her Oath : And that Committal, Clerk, Fifcal, ot other Member of Court contraveening this Aft, be deprived without le-admiflion. Car. 2. par. 2. Sefl. i.e. 19. SetTeftamcnts. ATIFICATION. . Ratifications m Parliament are to be underftood Salvo Jure Cnjajliiet, la. 6, p. 1 2. c.i 30. and p. 14. c. 215. And thatwhether the fame be general orfpe- cial, p. r8.c.20. and p. 19. c. 9. Set Parliament. RAVISHING. That Ravilhers of Women be put Under foverty, as in the Crimes of Slaughtet and Mutilation, Ia.s.p-7-c. lis. The fubfequentConfent or Declaration of the Party Raviihed, that ihe went a- long of her own free w ill, albeit it may exeem from Capital punilhment, yet if at the inftance of the Womans Kins-folk , or his Majefties Advocat , it be found by an Aflife that the deed was at firft violently done, it doth not free fuch as are guilty from the Arbirtal punilhment of Contifcation, Wairding, or Fining, lam. 6. p. 21. c. 4. REBEL, and Refet of Rebels Criminal. That none Rebell openly againft the Kings Perfon, under the pain of forefaul- tour, la. 1. p. 1 . c. 3- And if any refufe to enforce the King againft fuch rebel- lers, they lhall be challenged as favourers of them, ibid, c- 4. SeeTreafia. That none refet, or do favour to manifeft Rebels againft the King and Com- mon Law, under rhe pain of forefaultour, la. 1. p. 2. c. 37. That where Rebels are refet within Caftles, or where there is prefumption vio- lent of Rebellion, the LievtennentraifetheCountrey, and pafs to fuch Houles, and arreit the Perfons, and caufe them find ioverty, la. 2: p:2,c:3. That none Rebell againft the Kings Perfon or Authority, and who forebells, to be puniihed after the quantity and quality of theirRebellion, by the advice of the tares