Page:The Laws and Acts of Parliament of Scotland.djvu/837

Afts of Tarliament, &c. three Eftates; and if any openly rebell againft the King, or make War againft the Leiges, againft his forbidding, that the King gang upon them with the affiftance of the whole Land topuniih them, la. 6. p. 2. c. 13. And who allals in Red,Comfor[,Counfel,or Mainrenance.fuch as fliall be juftifi- ed for the faid Crimes,fra theCrime be notour,or the rrefpafiour convift, that he be puniihed as the principal. Ibid. c. 14. This Aft in the old Copy is a part of the for- mer: And it is evident that the Title prefixed to it in Skgens Copy, viz.. of them ■who feeks revenge for trefpajfours jttftified, is forraign and improper, and hath been prefixed by a miftake. ThatSherirTs.Baillies, and others, do all diligence to apprehend all Rebels at the Horn for Crimes Capital, and that no man wittingly refer, maintain, fupply, defend, or do them favour, under the pain of death, and efcheat of Moveables, la. 5.p:7-C97- Perfons denounced Rebels ihould be repelled abagendo. Ia.<S. p. 6. c.75. All Aits againft the refer of Traitors and Rebells Ratified, and thar none fupply or Intercommune with them, orgive them any relief , or comfort, but that all do their uttermoft to apprehend or expell them, under the pains due to the Rebells, la. 6. p. iz. c. 144. FraudfulDifpofitions, orfimulat Gifts of Efcheat exclude not theThefaurer from intiometting with the Efcheats of Rebells for odious Crimes, the Goods be- ing Hill in the poiTeffion of the Rebel, his Wife, Sairns, or Friends, on the Ground, or in rhe Houfepoflefled by him before he was Rebel, or in the Houfe where he harhlincebeenrefet; and the Thefaurerfliouldcaufe detain and keep their Kouf- es on the readied of the Efcheat Goods, Ibid.c.iw- SteEfcheat and Trcafon. RED-FISH. SeeSalmond. REDEMPTION, tee Reverjion. Decreets of Redemption upon lawful premunition and citation of the lawfull Contradictor, and who was alfo Summoned for Production and Improbation of all Writs that might prejudge rhe Reverfion, and produced none, bur for obedi- ence harh renounced the Lands and others in rhe Decreet, cannot be again quar- relled attheinftance of any perfon, in any fort, I... 6. p. 12. c. 134. That Annualrents redeemable may be redeemed by paymenr of the Principal and bygone Annual ar ten per eent. albeit the fectuity was given for greater Annu- all, ibid. ens. See it in ^innualrent. REEL. That the length thereof be Ten Quarters at leaft. Car. 2. p. i.Seffi i.e. 43. See it in, Linnen Tairn, REGALITIES, and BAILIES thereof. See Sheriff. That Regalities in the Kings hand, while in his hand, be holden as Royalty, and juftified by the Juftice. And that the Free-holders thereof compear at Juftice Airs, pay Suits within the Shire,and to Parliaments,as Free-holders ol the Royalty, Ja. 2. p. 6.c. 26. That all Regalities now in the Kings hand be annexed to the Royalty, and that no Regalities be granted in timecoming without deliverance of tiie Parliament, la. 2. p. 11. c. 43. That the priviledge of Regals be obferved, but notabufed, againft the Kings Laws, la. 2. p. 14- c. 72. The Officiar of the Regality being negligent in executing the Acts againft Re- bels for Capital Crimes, the Sheiiffmay do the lame within the Regality , la. 5. p. 7.097. As in the Royalty the Fines of the Aft of Apparel , Ia.<5 p. 7.C 113. are divi- ded betwixt the King and the Sheriff, fo in Regalities the one half is appointed to the Lord of Regality, and the other half to the Baillie, ibid. Thatwhete the Juftice General, or Kings Juftice in that part, by Cornmifiion Summonds any Offender dwelling within Regalitiy,the Baillie of the Regality may le-pledge, if he have prevented by citation, otherwife not, but only he may be ad- ioyned. NoBaillie, or Stewatd of Regality, may vepledge from the Juftice Air, but only be ad joyned to the Kings Juftice, without prejudice in both cafes to their ihare of the pcnaltiesand unlaws, la. 6. p. 1 i.e. 29. The Aft is, ^Annexation of the Temporalities of Benefices to the Croxun. Ratification of all Liberties and Piiviledges granted to Burghs Regal , la. 6. par. 1 8. cap. i«. All Regalities pertaining to any Benefice whatfoever.exceptArchbifliopricks and BiihoprickSjdecl ared to pertain to the King and his Succeflors for cver,Car.i .p.i .c. 13. See it in .Annexation. The office and duty of Bailliesof Regality, briefly reckoned, Car.2.p. 1. SeiT. 3. C.I 5. It is only done Obiter. Magiftrarsot Burghs of Regality may Arreft none for Debt, except their own Eurgell'es, Car. 2. p. 2. SelT. 3.C.8. The Liberties of Burghs of Regality as to Trade. See in Burghs- REGENT of the REALM. Ratification of the DimilTion and Renounciation of Queen Mary in favours of her Son King J antes rhe Sixth, as als of her nominarion of 'James Earl of Murray to be Regent to him, his Realm, and Leiges, ay and while he be of the age of fe- venteen years compleat, la. 6. p. 1. c. 1. ■Ratification of the Nomination, and acceptation of the Earl of Marr to be Re- gent, during the faid fpace, Ja. 6. p, 2. c. 354 Ratification of the nomination and acceptation of the Earl of Mortonn to be Regent during rhe Kings Minority and lefs age, la. 6 p. 3. c. 44. REGISTER, and REGISTRATION. Thatthe Kings Regifter and Rolls be put in Books, la. 3. p. j.c.40. And that the Exchequer Rolls be altered, and made in Books of Parchment, Car. 2. par. 2. Seff.3-c. 16. concerning the Exchequer. Tharthe Clerkof Regifter caufe Piiur the Afts of Parliament, la. s.p.7. c.127. Seeit inParliamen-. That Homings, Inhibitions, andlnterdiftions, with their Executions, be Re- giftrar, and where, and in what manner. SteVnderthefe feveral Heads. That all Revertions, Regrefles, Bands, and Writs for making the fame, Aflig- nations thereto, Difcharges thereof. Renounciationsof Wodfets, Grants ot Re- demption, and all Inftruments of Sailing, be Regiftrar in the General Regifter, to be appointed by the Clerk r-egifterar Edinburgh, or in the particular Regifters, fpecified in the Aft, within threefcore dayes after d ate of the fame, but Sands and Writs for making Reverfions, and Regrefles, need not be Regiftrat, except with- in fixty dayes after Sailing taken by the makers thereof , and Exrrafts out of the faids Regiftets,ate declared to make faith in all cafes,exccpt in the cafe ot Impro- bation .• Andanyof the faids Writs not Regiftrat as faid is, are decerned to be null, in ptej udice of a third Party, but not againft the maker thereof, and his Airs: Bat Sailings, and Reverlions therein contained, given by Magiftrats of Burghs, of Lands within their Liberties, holden in free Burgage, and all other hererable rights thereof, withRevetlionsIncorporatin rhe Inteftments^ of the Parties , a- gainft whom they ate ufed, are excepted from this Aft : As alfo Renounciations, ot Grants of Redemption, configned ia Procefs, are only to be Regiftrat within 35 fixty dayes after the date of the Decreets, ordainingthemto be given up. And rhisRegiftrarion of Writs is annexed to the Clerk Regifters Office, and is to be made by him, and his Deputes, within fourty eight hours after the recept of the Writs, under the pain of deprivation of the Clerk of his Place, and Office of Notary, and that they deliver back the Wrirs , marked wirh rhe day, moneth, year, and leaf of theRegiftration, and take only twenty fix fliillings eight pennies as the price of ilk leaf, and the faids Regifters ro be marked by the Clerk Regifter, or his Deputes, with a note of the number of leaves, and that when filled up , they be returned to the Clerk Regifter to be patent, and Extrafts thereof given, la. 6. p: 22: c: . ^Anno 161 7. Thatlnftrumenrsof Refignation, adremanentiam, be Regiftrat hereafter, with- in fixty dayes after the date, otherwife rhey are null : But Inftruments of Refig- nation of Burgage Lands, being Regiftrar in the Books of the Burgh, fall not with- in the faid certification, Car: 2:p: 2: Sefll i:c, 3. 16. November, 1669. The Aft 1 61 7. extended to all Lands within Burghs, and their Liberties , and to all the forefatdsWtirs concerning rhe iame.nonvithftanding the exceptions above- fpecified, and that Town Clerks keep a feveral Book for their Begiltr.itions, de- pending only on the Magiftrars, and norrhe Clerk Regifter, with a M nut Book, to be by them quarterly compared, andfigned, conform ro the Aft, Car: 2:p:2: Sefl:,3:c: 16. Car. 2. p. 3. c. 11. And this Ait contains alfo the prices of B.egiftra- tions. _ That Charters palling at the Great Seal, aftet the appending of the Seal, be de- livered back by the Keeper to rhe Director, that lie may Regiftrat the fame, and that all Writs already pail the Great Seal, may within a yeat rrom rhe dare ofrhis Aft, be returned ro the Director, who iliall Regiftrar the fame Grata , la. 6. p. 23. c. 24. ^4nno 1 62 1. That all Charters, and other Writs, hereafter parting the Great, and Privy Seals, be firft Regiftrat by die Writers rhereto, in the Regifters thereof , and the Writing and Regiftration attefted on the back, and that they keep a perfeft Minur Book of rhe fame, and that no Keeper append the Seal to any Writ not attefted, to be Re- giftrat, Car. 2. p. 2. SelT 3 • c. 7. Aft appointing how the Regifters of Homings , Inhibitions , Interdictions, Sea- fins, Reverfions, and OtheiswiththeirMinute Books, ihould be keept, Cat. 2. par. 2.Sefl.3.cap. 16. REGRATOURS, See Foreftallers. RELAXATION, See Horning. A Man-flayer denounced , and thereaftet relaxed , if he be theteafter de- nounced for the fame Caule, the former Relaxarion avails not , but his Rebelli- on runs, and is reckoned from the fitft Denounci.uion, Q. M. p. 6 c. 31. The Afifeemsalfotointimat, that albeit a Perfon be denounced, yet if he there- after compeare , and be acquit, his former Rebellion prejudges him not. How, and where, Relaxations are to be made, andRegiftrar, Jam. 6.p. 6. c.75. <.ec it in trior mngs. R E L E I F. ThatnoReleivesbecomponed, but the true avail thereof compted for, and paved in Exchequer, that on the fightof the refponde Book , Letters be direfted, to charge, and poind , either the Party , or the Sheriff, or both: But the Sheiiffs difcharge exoners the Tarty, lam. 6- p. n. cap. 73. RELIGION. That none bear Office removeable in Judgment within this Realm, or be Pro- curatour, orNotar, or Member ot Court , but fuchasptofefsthe Religion now eftablifhed , excepting therefra, fuch as have Offices heretable, or in Life rent, lam. 6. p. 1. cap. 9. ~4nno 15157. Extended to all Offices without Exception , or Reftriftion, Jam. 6. par. 20. cap. 5. Ane Aft made by Q. M: 19. ^April, 1 567. Granting impunity to all tbePro- feffors of the Religion then received . abrogating all Laws againft them, and taking them into her proteftion, recorded. lam. 6. p. r.cap. 31. That none be repute LoyaLfubjecls , but be puniinable as Rebellers againft the King, that profefles not the true Religion , and it any fuch Froieflbrs make de- feftion from rhe Kings Authority , that they be admoniflied by the Minifters ro return to duty, and it they failzie, that th y be Excomunicat, and that before they be received to his Majefties mercy , they renew rheirl'rofeffion ,and promife to maintain his Majefties Authority , asalfo the true Religion , againft all Ene- mies, fpecially thele called of the holy League, bound to execut the Decreets of Trent, Iain. 6. p. 2. cap. 47. Thatrerlbns going out of the Kingdo n for farther knowledge in Lettets, have the Kings Licence wnich ihall contain thispiovifion , that they fliall adhere to the true Religion, and doe nothing againft it , under the pain of Barratrie , and that within twentie dayes after their return , rhey make and give before their Ordinarie, the Confeflionoftheit Faith as now eftabliflied, or otherwayes devoid the King- dom within fourtie dayes thereaf rer , or be perfewed as adverfaries ro the Religion, Jam. 6. par. 6. cap. 71. Thar no Subjects, orStrangets, (except Ambafladours, MelTengers, or Mer- chants) Adverfaries of , or Apoftarsfra the true Religion, return to, or remain within this Realm , unlefs they obey the Law, ^Anent giving their Confcffion of Faith , And that in the mean time , they repair nor to the Kings prefence , or Ta- lace, under the pain of Imprilbnment, until they find foverty , under the pain of Five Hundred merles to Satisfie , or depart, and that in the mean while, they fliall notfeduce, thatthe Makers, Sellers, Homebringers , or Difperfcrs of Er- roneous Books , incur the pain of Baniihment , and Confifcation of all their Move- ables, Jam- 6. p. 7. cap. 1 os. Magiftrats ot Burghs, with a Minifter, mayfearchfor, and defiroy Erroneous Books, and put the Homebringers in waird , until they be puniihed, in Perfon, and Glides, at the Kings will , Jam. 6. p. 1 1 .cap. 25. Ratification after the Kings Majority, of all Laws alreaded made, anent the Feligionthen, and now profefled , with an exprels abrogation of all Z,aws, 01 Statutes contrary thereto, Jam. 6. p. 1 i.eap. 23. ^Anno 1587. F.3titiC3tion of all Laws made againft the Adverfaries of the fame true Religion, and the Seducers , or Perlwadersro decline therefra , rhat any profefled Papift, or Seminarie Preift, found within (probablie it fliould be after) the fpace of a Moneth, after the Publication of the Afts of this Pafliamenv, ihall incurr the pa in of death, and efcheat of Moveables, and their Refetters, and Suppliers, by the fpace of three dayes , and three nights, rine their Life-renrs : All Sayers , andHearersof Mefs, Irofanersof rhe Sacraments, Perfons fufpefted ro have declined, with- drawers from rhe Preaching of the word , feducersby r'eafoning, or difperfingof Books , or Letters , being called before the Council , or Jufticcs , and convift, incur rhe tinfel of their moveable gudes, and Liferent. Ibid.csp. 24. Saving of Mefs , and the teffeting of Iefuits, Seminarie Preilts, and Txafecquing Papifts, againft the King, andthe prefent Religion , infetr theCrime, and pain ofTrealon, bothagainft the Perfons reler, and their Refetters; but if the Iefuits, and Pnefts ihall fatisfie the King , and Kirk, their Refetters are 1 tee, lam. 6. p. r2. cap. rao. And refetforrhreenights together, or at feveral times infers rhe fame ro be willingly done, and rhe pains are declared robe for the firft fault, fimple efcheat, fot the fecond, Life-rent efcheat , and for the third the pam of Trealon, and f ore- faultour, lam. 6. par. 1 3 . cap. 1 64. I 2 That