Page:The Laws and Acts of Parliament of Scotland.djvu/600

o The flrft "Parliament of Act 34, 35-. md thrice gene in the packing, fhall be marked with the Marking-iron, under a very particular Mer- chant mark!, as u'ic is. And that no Burgh, or any other trading with Salmond, fhall prefumeto coun- terfeit the Mark or Birn of another Trade, under the pain of confutation of the Saimond, by and at tour the puniihment of the parties counterfeiters, at thepleafure of the Judge ordinar; the one half of the faid pain to pertain to His Majefty, and the other half to the Burgh fo wronged, and ordains the Ma- gistrates within the Burgh to put this Act to execution. XXXIV. ASf against Clandestine and unlawful Marriages. OUr Sovereign Lord, and the Eftates of this prefent Parliament, connderinghowneceiTary itis, that no Marriage be celebrate, but according to the laudable order and coriftitution of this Kirk; and by fuch perfons, as are by the Authority of this Kirk warranted to celebrate the fame. And that not- withftandmg hereof, fundry, either out of difaffe£h"on to the Religion prefently proiefTed in this King- dom, or being defirous toefchew the Ce»fures of this Kirk, or to fatisfie their promife of Marriage formerly made to others, or. to decline the concurrence and' content of their Parents or others having intereft, or out of fome other unlawful pretext, do procure themfelves to be Married,and are Mar- ried either in a Clandeftine way, contrary to the eilabiiihed ■ order of the Kirk, or by Jefuits, Priefls, Depofed or Sufpended Minifters, or any other not authorized by this Kirk Therefore His Majefty, with advice, of His faids Eftates, Statutes and Ordains, that whatioever perfon or perfons, fhall here- after Marry or procure themfelves to be Married in a Ciandeftme and inorderly way, or by Jefuits, . Priefls, or any other not authorized by this Kirk; that they ihall be imprifoned for three moneths, and befide their faid imprifonment ihall pay, Each Nobleman,one thoufand pounds Scots; each Barren and landed Gentleman, one thoufand merks; each Gentleman and Burgefs, five hundred pounds; each other perfon, one hundred merks; and that they ihall remain in Prifon, ay and while they make payment of thefe refpeffiive penalties above-mentioned, which are hereby ordained, . to be apply ed to Pious ufes, within the leveral Parodies where the faids perfons dwels. And that the Gelebrator of fuch Marriages be banifhed the kingdom, never to return therein, under the pain of Death. Like- as His Majefty, with advice forefaid, Prohibites and Difcharges all men and women, having both their otdinar refidence within this Kingdom, to get Marriage to themfelves with others within die .Kingdom of Enghnd, or Ireland, without Proclamation of Banns here in Scotland, and againft the Order and Conftitution of tbis Church, or Kingdom , under the pains following, viz. For each Nobleman fo Married, one thoufand pounds; for eacli landed Gentleman, one thoufand merks; for each Burgefs, five hundred pounds; and for each other Subftantious perfon, five hundred merks; for an Yeoman,one hundred pounds; for each perfon of interior quality,one hundred merks; the one half of the which penalties, fhall belong to the Kings Majefty, the other to the Faroch, or Parodies where the Married Parties did refide; and Ordains His Majefties Advocat, and the Procurator for the Kirk, to purfue before the civil Judge,the Parties Contraveeners of this Act, or either part thereof, for payment of the penalties respective above-mentioned; and in cafe of the poor condition of any man, ' Married in manner forefaid, Ordains him to be punifhed with Stocks and Irons : which pains corpo- ral and pecunial, fhall no wayes be prejudicial to, or derogat from, the Order and Gcnfures of the Kirks, to be inflicted againft the Delinquents. XXXV. Act concerning the Election and Charges of the Commiffioners from Shires to the Parliament. THe Kings Majefty confidering, That divers debates have formerly occurred, concerning the perfons who ought and fhould have vote in the Election of Commijfiioners from the feveral Shires of this Kingdom to Parliament, and who are capable to be Commiflioners to Parliaments, and that it is neceffar for the good of His fervice, that the fame be. cleared for the future , Doth there- fore,, with advice and confent of His Eftates of Parliament Statute, Enact and Declare, That befide all Heritors who hold a fourty millings Land of the Kings Majefty in cafite; that alfo all Heritors, Liferenters and Wodfetters holding of the King, and others who held their Lands formerly of the Bifhops or Abbots, and now hold of the King, and whofe yearly Rent doth amount to ten Chalders of victual