Page:The Laws and Acts of Parliament of Scotland.djvu/483

XXII I. T ARLIAMENT. IV. of Anguft, 161,1. 461 ACT. XIIII xjAnent playing at Cardes and *Dyce , and Horfe-races. UR SOVERAIGNE LORD, And ESTATES of Parliament. Confidering the manifold evils, and inconveniences , which enfue upon Carding and Dyeing, and Horfe-races , which are now over-much frequented in this Country , to the great prejudice of the Lieges. And becaufe honed men ought not to expect that any winning had at any of the Games above-written, can do them good, or profper : HAVE therefore , ftatuted and ordained , That no man ihall play at Cards ncr Dycc in any common- houfe, Town, Hoilelrie, or Cookes houfes , under the pain offourty pounds, money of this Realme; to be exacted of the keeper of the faids Inns , or common houfes , for the firft fault : and lofie of their libera ties for the next. Moreover,That it mall not be lawful to play iii any other private mans houfe,but where the Mafter of the Family playeth himfelf. And if it ihall happen any man to vyiane any fummes of money , at Carding or Dyeing, attour the fumme of an hundreth Merks, within the fpace of twenty four houres : or to gaine at Wagers upon Horfe-races , any fumme attour the faid fumme of an hundreth Merks ; The fuper- plus ihall be configned within twenty four houres thereafter , in the hands of the Thefaurer of the Kirk , if ic IbeinEdiuburgh: Or in the hands of fuch of the Kirk Seffionin theCountrey Parochines, as Collects and diftributes money for the poor of the fame; Tobeimployedalwayes upon the poor of the Paroche, where fuch winning mail happen to fall out. And to the effect , that either excefle in play may be thus reftrained : Or at the leaft, excefiive winning may be imployed as faid is. OUR Soveraign Lord, by Aft of his Supreame Court of Parliament, Gives full power, and Commiffion , to the Bailies and Magiftrates of Burrowes, the Sherriffs and Juftices of Peace, in the Country, topurfue, and conveen all fuch peribns, for all winning at Cardes, Dyce, and Horfe races , which fhall happen to be made by any petfon, by and attour the faid fumme of an hundreth Merks, money aforefaid. And in cafe the Magiftrate informed thereof rc- fufe to purfue for the fame , The party informer ihall have action againfi the faid Magiftrate , for double the like fumme : The one half whereof to be given to the poor , and the other halle to the party informer. ACT. XV. Ac~i declaring all lacks Jet for longer fpace nor three years , without confent of the Matron, being per fans wider the degree of Tr elates, fince 1594. to be Null. OUR SOVERAIGNE LORD, and E S T A T E S of this prefent Parliament, Undemanding, That diverfe beneficed perfons , under the degree of Prelates , have taken occafion upon an Aft bade in our late Parliament, holden at 'Edinburgh , the twenty eight day of Jmii., one thoufand , fix hun- preth,and feventeen years, Intituled, t^Auent the Jetting oj 'Tacks by Tr elates, and other beneficed perfons-. [To fette Tacks and Affectations of Lands and Teynds of their faids Benefices , or fome partes and portions hereof, untodiveife and fundry perfons, for the faid beneficed perfon his life time, and for the fpace of five ears after his deceafe : without confent of the Patrone. Albeit the faid Aft of Parliament giveth no fuch li- berty to any beneficed perfons , under the degree of a Prelate, to fette fuch Tacks. But only declareth, for pat fpaces- a Bifhop or other Prelate may fette : and for what fpaces a beneficed man , under the degree of a Prelate, may fet. Which was done by the E S T A T E S , to reftrift the unbounded libertie ufed in letting of Tacks for many life-rents, and ninteen years. And the faid declaration no wayestaketh away die lawful blemnities , required to the fetting of the faid Tacks, either by confent of the Chapter, or Patrone. Which till remaineth in the own force, underogate. Otherwayes, it mould be lawful for a Prelate, to fet Tacks for lintcene years , without confent of the Chaptour ; which is altogether abfurd. I And feeing by an expreffe Aft, made in our Soveraign Lords fourteenth Parliament, holden at Edinburgh, he eight day of )unii, 15-94. IT IS found, and declared , That no beneficed man , under a Prelate ,' lithin this Realme , may in time diereafter , fet longer Tacks of Teynds , or other pertinents of their Bene- Ice, without confent of their Patrones, but for the fpace of three yeares only. WhichAft ftandeth in full brce, ftrength, andeffeft: and is no wayes annulled , nor taken away , by the faid pofteriour Aft above tecified. JTHEREFORE, His Majeftie and Eftates forefaids, for efchewing of all controverfie that may arife Iponthe faid laft Aft , Declares, That the faid laft Act makes no derogation unto the faid firft Aft: jnd that all Tackes fette by beneficed perfons, under the degree of Prelates , fince the faid eight day of mii, 1594. of any part of their faids benefices , longer then for the faid fpace of three years, without Went of their patrones, are null, and of none availe, conforme unto the faid firft Act above- iecified. R r r ACT