Page:The Laws and Acts of Parliament of Scotland.djvu/845

^Atls of Parliament , &c. Laces, or Point of any fort or colour, any Forraign made Gloves, Shooes, Boors, or Slippers, and any wearing Cloaths made abroad, for Men, Women, or Chil- dren ( except what perfons have ufed, and bring home from abroad with them) with Certification, that the thing Imported contrary hereto, Ihall be burnt, otde- Ilroyed, and the Impotters or Refetters fined in the value : And the Aft contains moit drift Orders to Cuftomers and Searchers, and appoints Informers and Judg- es for execution. And it is declared to be in place of any former Sumptuary Law anent Apparel, Car- 2. p. s.c. iz. TREASON. See Rebels. That no man openly rebel againfl the Kings Perfon, under the pain of forefaul- courofLife and Goods, Ja.r.p.r.c 3- If any when required by the King difbbey to enforce him againfl: notour Rebel- Iersagainft his Perfon, they ihall be challenged as favouters of fuch Rebellers, iW.c.f. He who paffes in England, and refides there againft the Kings will, Ihall be hol- den as a Traitor, Ja. i.p. 9. c. 12I. Totakeafluranceoffn^/iyZi-mwi is forbidden, underthe pain ofTreafon, Ja. i.p. 13. c. 141. And Ja. 2. p. 12. c. si. Who commits Treafon againft the Kings Perfon, or Majefty, rifes in feir of War againft him, layes hands on his Perfon violently, ofwhatfoevetagehcbe,re- fettsorfupplies them that have committed Treafon, andholds them againft the King, or (luffs houfes of their own, in furtherance ofRebels,or that aflailziesCaftles, or places where the Kings Perfon ihall be, without confent of the three Eftates, (hall be puniflied as Traitors, la. 2. p. 6. c. 24. To bring home Poyfon is Treafon. SeePoyfon, la. 2. p. 7. c.30, and 31. Perfons fufpeft of Treafon to be put in firmance, and their Goods under fure Burrows, untill they thote an Affile, la. 2. p. 12. c. 4s. That no man pals into England the time of War without leave, underthe pain of Treafon, la. 2. p. 12. c. $0. That none fupply Bervjickoili^xbiirgb , or pais away with Goods taken in Raids untill they be parted, under the pain ofTreafon, Ibid. cap. 52. If any manraifea fray in the Hoft wilfully without Caufe, he Ihall be accufed ofTreafon. And that thefe Acts be intimat by the Heads-men, when Raids are made in England, la. 2. p. 12. c. 54. See England. A promile and Oath made by the three Eftates, that none of them Ihall main- tain, defend, be Advocatsfor, or (land at the Bar with manifeft Traitors , com- mon Men- flayers, Thieves, Reivers, and the like, except with their Kin and Friends, infoberwife, in defence of them in honeft aftions; but that they (hall allift the King in doing Iuftice, and who tailzies herein to be puniflied alter the old Laws of the Majefty, and other Laws, la. 3. p. 14- c. 98. Wilfull Fire- raifing declared to be Treafon, and Crime of Left- Majefty, la. 5. p. 3.c. 8. SeeFire-raiJing. Treafon againft the Kings Perfon, or Common-wealth, may be purfued againft the Airs of the Traitor, forforcfaulting hisEftateand Memory, lam. 5. par. 6. cap. 69. To take any Prelats place the time of the vacancy after their deceafe, is Treafon, la. j. p- 7. c. 125. See it in Pre/or. Traitots accufed and declared in Parliament, being taken and flain upon fud- denty, orotherwife, who moves queftion againft, ot any wayes injures thefaids flayers therefore, incurrs the pain of Treafon, Q. M. p. 4. c. 8. That no Thief take any Scots-man, under the pain of Treafon , la. 6. p. 1 . c. zi. See it in Thieft. That none decline the Kings Authority, ot impugn the Authority and Dignity of the three Eftates ofParliament, under the pain of Treafon, Ja. 6. p. 8. c. 130, and 1 3 r . See them in King and parliament. He who accufes another calumnioufly ofTreafon, if the Party be acquit incurrs thefameCrime, Ja.6. p. n.c.49. Landed-men convift of common Thieft, refet of Thieft, or Stouth,Reiff, in- currthepainofTrealon, thatistinlelof Life, Lands, and Goods, Ibid. c. 50. Murther and (laughter of a Perfon under the truft, credit, affurance, and power oftheflayei, is alfo Treafon, and punifliable as fuch, Ibid.c. 51. How Charges of Trealbn (hould be execute by Heiaulds or Maifers : See Ja. 6. P.12.C.125. iExtcutions. Wilfull (ettiug of fire in Coal-heughs , is declared to be treafon , and punifliable by the pains thereof, lam. 6. p. 12. cap. 146. SeeMefi, audHeligion, andwhatis there made Trealbn. It is treafon to call in queftion the Kings Prerogative , in Calling , Holding , Proroguing , or Diflblving Parliaments , or in authorizing their Afts, Car. 2. p. 1. Self. 1. cap. 3. It is high treafon for the fubjefts, more or lefs, upon any Pretext, to rife, or continue in Atms , to maintain Strenghts, Forts, orGarrifons, to make Peace, or War, or to make Tteaties, or Leagues with fotraign Princes, or States, or among themfelvs, without his Majefties (pecial authority firft Interponed, Ibid, cap. s- That if any Perfon (hall Plot, Contrive, or intend Death, or Deftruftion to the King, or any Bodily harm, tending tlieteto, oranyreilraintupon his Per- fon, or to deprive, depofe, orfufpendhim, from the Stile, Honour, and King- lyName, ofthis, or any other his Majefties Dominions, or tofufpendhim from the Exercife of his Government , or to levy Warr , or to take up Aims againft him, oranyCommiflionatbyhim, or to entife Strangers, or Others, to Invade any of his Dominions ; and by Writing, Printing, Preaching, or Other malicious, and Advifed Speaking, Exprefs , or Declare fuch their Treafonable Intentions, he (hall be adjudged a Traitour, and punifliable as in the cafes of high Treafon, Car. 2. p. 1, Sell. 2. cap. 2. Aft allowing Meflengers to execut Summons of Treafon is marked in the Index of the Imprinted Afts, Car. 2. p. r . SefT. 1. Act 13. In cafes of Treafonable riling in Arms , and open , and manifeft Rebellion againft his Majefty, and his Authority , the Perfons guilty , upon the Councils order , may be Profecute , and Sentenced before the Juftices , albeit abfent , as if ptelent, Car. 2: p: 2: Self: 1: cap: 11. It is high Treafon to endeavour the Alteration, or SufpenCon , of the right of SuccefGon to the Crown, as fetled by Aft , Car. 2. par. 3. cap. 2. See it in Succeffion. Afl'affination , and the aliening the iawfulnefs thereof, declared to be Treafon, Ibid. cap. 1 4. See it in *Affaffmaiian. THESAURER, See Exchequer. TRENT DECREETS, See Religion. TRESPASS, See Crime. T R E W E S. That the dayes of Trewes with England be keept, Jam. 4. p. 2. cap. 1 1 . TUTORS, and CURATORS. The neareftAgnat of twenty five years of age, to be Tutor of Law, albeit there be one nearer under age, lam. 3 . par. 7. cap. 5 2. 43 The Mother remaining Widow, preferred to the Tutor in iaw , as to the cafe mentioned in the Afts, Q.: M: P. 4. cap. s. and Jam. 6. p. 2. cap. 42. That the neareft Agnat be preferred to the Tutoty , of Fools, and furi- ous Perfons, according to the Commoun £aw, Jam. 6. par. 10. cap. 18. See Idiotrie. That no Tutor , nor Curator, to Pupill, Minor, Idiot, or Furious Perfon, not already entered in the Office , have power to Aft , or medle with their writs, or meansuntill firft he make Inventar of the Lands, Bands, Tickets, and Compts, and all Moveables undei his Charge , at fight of the Freinds on rhe Fathet fide, and on the Mother fide, of which Inventar there Ihall be rhree doubles , to wit.for thcTutot, ot Curator, and Freinds, on both fides fubferibed by them all, and recorded before the Judge Ordinary , and in cafe the Freinds on either fide , after Citation concurr not, that the Inventars be made at fight of the Judge Ordinary, and Signed , Sealed , and Configned as in the Aft. That they alfo eeke as things come to their knowledge , and within two Monethsaftet the attaining the Pofleffi- on , and caufe make an Aft thereon , and leave two Duplicats in the Clerks hands, where the principal Inventar was made, and Debitors are not to oblidge to pay, until they fee their fums contained in thefaids Inventars, and if the (aids Tutors, and Cutatorsfaillin the premifles, thatthey be lyable , both for lnrromiflion, and Omifiion , and ger no allowance of expences, and be removeable as fufpeft, but prejudice neverthelefs to the (aids -Minors, and Others, to fupet-charge their Tutors, and Curators. That all Gifts of Tutoiy, proceed upon Citation, or con- fent, obtained in wrirof theneateftof kin , onbothfides, and that the Gifts bear the fame , or otherwife be declared null, at the inftance of any obtaining a Lawfull Gift, Car, 2. p. 2. Sell". 3. cap. 2. u N I O N. TJ V, J Commidion for treating anent the Union of Scotland, and England, referving Fundamental Laws , Rights , Offices, Dignities, and Liberties, Jam. 6.. p. 17. cap. 1. Aft anentthe Union of the two Realms, marked fig: 2. in theT-ift of the Im- printed Afts, lam. 6. par. 1 9. Aft authorizing certain CommilTioners of the Kingdom of Scotland, to treat with the Commiflionersof England, about a farther Union of both Kingdoms, Car. 2. p. 2. Sefl. 2. cap. r. ^inno 1670. UNIVERSITY, and COLLEDGE. Aft impowering the Magifttats of Free-burghs, in cafe they find Students, Bur- fares, and Matters of Colled gesvaging, by night, orbyday, within their Towns with Arms, totake their Armsfrom them, la. 6. p. 14. cap. 223. Thatno Matters, Principals, Regents, or Profeflbrs, be admitted, or continu- ed, in any Univerfity , orColledge, unlefs they be pious. Loyal, and Peaceable, fubmitting to, and owning Epifcopal Government, as now fetled, and that they fwearthe Oath of Allegiance, and report a Certificat thereupon, as in rhe Aft, Cat. 2. p. r.SefT. 2. cap. 4. Aft lor beter Provilion of the Univerfities , otdainingupon the Offer made by theClergie fiftic pounds out of every Thoufand merits of Bilhops Rents, and Fourtie pounds , ot Sex percent, out of evety Tboufand merlis of Minifters Rents, to be payed yearly for five years, after rhe year 1664. inch. five, for theufeof the faids Univerfities, in manner fpecified in the Aft; as alfo the Vacant Stipends for feven years, after theSexthorFftnwr^, 1664. are appointed for the fame ufe, and the Fifty two Aft, Self 1 . of this Parliament, is info fan fufpended, Car. 2. p. I. Sefl! 3. cap. 24. Aft anent SufpenCons of Charges by Mailers of Univerfities for their dues , Car. 2. p. 2. SefC 1. cap. 6. Stt itiaSufpenfion. Aftafligning Vacant Stipends, for the better provilion of the Profeflbrs, and Mailers ot the Univerfities, according to the divifion therein fpecified, and that for feven years, from the year 1672. mclufive, with the burden -lwayes of uphold- ing the Manfes , and the former Aft, Car. 2 . p. 1 . Seff 3 . ca p. 24. is declared void. Car 2. p. 2. Sell. 3- cap 20. Half a Moneths Cels impofed, and appointed for rhe Univerfity of St. Andrews, forbetering their ftock, to be uplifted in die years 1682. andi683. Car. 2. p. 3. cap. 23. U S U R I E. ThatTakers, or Makersof Bargains, for greater intereft, or profite, for the loan of money, then at the rate of Tuipounds, or Five Boh Victual, per cent, for the year, be puniflied as Uliirers, conform to the Laws of the Land, lam. 6. p. 1 1. cap. 52. Extended whether the fame be taken upon Wadd, Fledge, Obligation, Aft, orfontraft. beforehand, or after, and the Part)' payand, or obiidged for the faidufutie, if he revealeit, (hallbedifchargedof the Debt , and if another re- veal it, he (hall have right to the mm , and the Receiver , or Contrafter for the faid unlawful profite , (hall tine the ftock, lam. S. p. 14. cap. 222. But the takers of the faid unlawful profite , are declared to be punifliable by cbn- fifcationoi Moveables, and otherwife, in their Perfons, asUfurers, and that all Annual-rentin Viftual, beteduced, and may be acquit by payment of Ten per cent; And all Bands, Contrafts, or lnfeftments , made in defraud ofthis Aft, eitherby way of Wodfer, for a back-tack duty, exceeding the faid Annual-rent, or underthe Colour of buying, and felling, or by detention before hand, are de- clared null, by way of aftion , or exception, andtheParty, with conciurence of the Kings Advocat, or the Kings Advocat, without the Party, may perfew the. fame, and the nullity may be tried by Oath of Parry, or otherwife, and being found , the principal , with the ordinar Annual-rent unpayed , belongs to the King, and his Donators and the Patty, if he concurr, (and no otherwife) hath repetition of the exorbitant profiles, lam. 6. p. 15. c. 247. And the meaning ofthis Aft as to the probation by Oath of Party , 8cc. therein mentioned, declared thus , that Ufurie may be proven by Writ, or Oath of the Patty Receiver, and by die Witnefles infert in the fecurity , without taking the Oath of the Party giver, lam. 6. p. 1 6. cap. 7. That no Perfon lending, or giving out money for Annual, retain the time of the lending , or exaft , or receive the Annual before the tetm, under the pain of Ufurie. Yet at the time of the 'lending the Annual may be added, to the principal, providing that neither be exafted before the term. Jam. 6. p. 23. cap. 28. It is Ufurie to take a proper Wodfet of Lands, exceeding in Rent the Annual- rent of the money lent, with 3 provilion , that the Creditor (hall not be lyable to the hazard of the Fruits, and Rents, Car. 2. p. 1. Self. i. cap. 6z. L 2 vacan: