Page:The Laws and Acts of Parliament of Scotland.djvu/723

King CHARLES the II 151 VIII. ACT concerning Arreaftments ufed within Burghs. Edinburgh, iz. of July, 1672. •. OUR SOVERAIGN LORD conftdering, that the Burrows Royal have been in ufe to arreaft Strangers , who live without their refpedlive Burghs , for all Debts due by them to any of the Inhabi- tants Burgeffes of the faid Royal Burrows , anyimnerofway, without diftinftion; Do daily force them to find Caution to compear before the Town- Courts , or otherwife go to Prifon , to the great hurt and prejudice of the Leiges, who being Strangers , and not able to find Caution within Burgh , are oftentimes fummaily incarcerat, without any juft caufe , to their great dam mage, expences, anddifgrace. For remeid where- of, HisMajefty, with advice and confent of His Eftates of Parliament, Statutes and Ordains , that, in time coming, noBurgefle nor other Inhabitant of an) Royal Burgh (hall have power, or be permitted, to arreaft any ofHis Majefties Subjecls of rhis Kingdom, who live outwith the Burgh, or force them to find Caution, or imprifon them as faid is , for any debt whatfoever; Except allanerly for Horfe-meat or Mans- meat, Abuilzements or other Merchandice due by Strangers to Burgefles : For which they have no other fe- curity but their own Compt-books; and for which the faid priviledge of Arreaftment fhall only be competent to the Merchant , Inn-keeper or Stabler rejpectwe from whom the famin was gotten , and to whom it was originally addebted : So that , in cafe the famin be ailigned to any other Burgefs , the Affignee fhall not have the benefit of that Priviledge. Andfiklike, if Strangers have given Band or other fecurity, for the Mans meat , Horfe-meat , Abuilzements or other Merchandice , the Merchant , Inn-keeper or Stabler respective hall not have the benefit of the forefaid Priviledge; but ihall be left to purfue for their refpeclive Debts be- bre the Judge Ordinar as accords. And in regard that Burghs of Regality and Barrony do aflume the fame riviledge;Therefore His Majefty,with advice forefaid.Inhibits & Discharges the Magistrates of thefe Burghs to Arreaft or Incarcerat any perfons who are not Burgefles Inhabitants in their Burgh, for any maner of Debt: And it is hereby Declared , That, if any Magiftrate of any Burgh Ihall prefume to do in the contrair hereof . They fhall be punifhed for wrongous Imprifonment of His Majefties Leiges. IK ACT again ft Unlawful Ordinations. Edinburgh, 24. of July, 1672. OUR SOVERAIGN LO R D confidering, that the true and regular way ofOrdination to the holy Calling and Imployment of the Miniftry is of great and neceflary importances the Conftitution,Peace and Unity of this Church, and for preferring the Reverence and Intereft of the Reformed Religion pro* fefled.in it; and for the preventing of the grouch of fcandalous Schifm and Confufion arifing from various and different Ordinations : Doth therefore , with advice and confent of His Eftates of Parliament , Statute and Ordain, that no perfon or perfons whatfoever prefume to appoint or Ordain any perfon to the Office and Work of the Miniftry, except thefe who have Authoriry approven by the Laws of the Kingdom for that effect; and that no perfon take Ordination from any, butfuch as are thus Lawfully Authorized to give the fame: Declaring hereby , all pretended Ordinations of any perfons, fince the Year , 16 61. which have not been > or hereafter fhall not be , according to the Appointment of the Law , to be null and invalid; And all perfons who, fince the faid Year , have received pretended Ordination , or fhall receive the fame any other maner ofwaythenas is fettled by Law , tobenoMinifters. And His Majefty , with advice forefaid, Statutes and Ordains , that both the pretended Ordainers , and thefe who fhall pretend to have received Ordination, be feifed upon by the SherifFor other ordinar Magiftrat of the place , and committed to Prifon , until they be dilated to the Lords of the Privy Council; who are hereby Authorized and Ordained after tryal, and finding the faids perfons guilty , to fentence them by Confifcation of all their moveable Goods , and banifhing them, and to caufe them find Caution not to returneto His Majefties Dominions. And in cafe they fhall refufe to find Caution , or being banifhed , fhall afterwards return to this Kingdom , that they fhall fuffer perpetu- al imprifonment, and not to be releafed , except by a Warrand under His Majefties own hand. And farther , it is hereby Statute & Declared, that whofoever fhall be married within this Kingdom by the forefaids perfons, or by any other perfon not lawfully Authorized , They fhall amit and lofe any right or intereft they may have by that Marriage ,jure Mariti veljure Relict a , and that by and attour the pains and penalties provided by the Ad of Parliament in ^yinno 1 66 1 . againft disorderly and clandeftine Marriages : Which Act is hereby Ratified and Renewed. S , ACT