Page:The Laws and Acts of Parliament of Scotland.djvu/808

t_An Abridgement of the are ordained to be obeyed as Laws , and all Laws , and Cuftomes, in the contrary, refcinded, Jam. 6. p. 23 . cap. r. ASSASSINATION. That not only all AfTaffines, but all who fliall afTett, that it is lawful to kill any man upon difference in opinion, or becaufe they have been imployed in the fet- vice ot the King , orof the Church as now eftabliflied , fliall incurre the pain of Treafon, Car.2.p. 3.c. 15. ASSEMBLY, See Synod National. The General Afl'embly of the Kirk held at Glafgo-w , in the year 1 638, Declared unlawful , and feditious, and all its Deeds, and Afts , with all Ratifications thereof, made voyd from the begining, and in all time coming, Car. 2. par. 1. Sell- 2. cap. 2. ASSISOURS,ASSISE,or INQUEST. ThatnoOfficiar of any Country, norlndyrerofany man, be on this Afflfe, un- der the pain often pounds to the Kings, Ja. 1. p. 3 -cap. 50. uAffi[mrs fhouldfwear, that they neither have taken , nor (hall take meede , or budd of any party , and if any be given or hecht or any prayer made to them before the giving out of their verdift , they ihall reveal the lame in plain Court, Jam. r. p. 13. cap. 1 58. Ifanymanbegrelvedby thepartial malice, orignorance of an Affile or Inqueft ofHeretages, not being an Affile of a Breive pleadable, the Affife may be Sum- mond before the King, and Council : And if the falfttood or ignorance be proven, that the verdift be reduced , and the Affifers punifhed after the Law in the firtt Book oftheMajefly, Contra temerejtirantes fufer ^iffifam. ButiftheComplainer be in thewrong, that he pay Ten pounds to the King, and to the Party his expences, Jam. 3. p. 6. cap. 48. See Error. <Jjjiftmrs in Criminal caufts acquiring the Teifonsfliawn before them wilfully, againft nottour 01 manifeft knowledge , may be called by King, and Council , and inquited if they all agreed,or not,and the Perfons confeffing.or excufing, are con- vift by a great Affife of Twenty five noble Perfonscognofcing on the former evi- dents , are ordained to be punifhed after the Law of the Majefty, fot theitjuramen- tumtemerariam, but the deliverance of the forefaid Affile, to ftand quoad the Party, Jam- 3. p. 8. cap. 64. That in the Breive of Inqueft , Perfons prefent , may be compelled , without Summonds, topafsnpon the Inqueft, Jam. 4. p.6. cap. 94. That Affifers mayveiifie, and prove by themfelves , Infinuatby the Aft, Ja. 6. p. 6. cap. 79. ThatmJufticeAirs, and particular Diets , thehaill Affifers be called, and the abfents Amerciat, to move them to better obedience, Jam.6-p- n. cap. 76. And that the extraft of the Aft of the Un-lawed be delivered to the Treafurer,within iix dayes , that the un-lawes may be charged for , and taken up without Compofmon. Jam. S. par. 12. cap. 126. See the Fains of Affifers abfent, in Paines. That the Accufation , Reafoning, Writs, and Witnefles, and Other Probation, and Inftruction , whatfoever , be Alledged , Reafoned , and Deduced to the Affife, in pretence of the Party accufed. In face of Judgement , and no otherwife. Jam. 6. p. 11. cap. 90. AnyAffifer having a doubt fhouldproponthe fame openly in prefence of the Parties, in face of Judgement, and aftei the Affifers have chofen their Chancel- lour, they fliould be inclofed in a houfe by themfelves.and none fufferred to be with them, 01 repair to them, in any waves, neither Clerk , not Others, under any pretence, ot for any occafion , whatfoever, and that the houfe be keep faft, and they not fuffered to come out fot any caufe , not to continue the giving of their Seritenceto an othertime, but that they be inclofed untill they be fully agreed, and return their Anfwer , and if the Accufer , Informer, or any Perfon pretend to infotm, fpeak, otrepare to the Affife, aftei theit temoving , and inclofing , ot tranfgrefs auy point of this Aft, the Patty accufed fliall be pronounced Clean, and this fliall be a fufficient warrand to the Affilouts to doe the fame. Ibid. Cap.-^i. That the Cletk, nor no other Perfon be prefent with the Affife,aftet they ate in- clofed. Item that the Chancellor of the Affife mark every Affifers vote, Con- demning or Aflbilzing , on the fame Paper, with the verdift, and to be doled and (ealed by the Chancellour •, and fome of the Aflyfeis , and not to be opened , but by order of the Judges, Car. 2, par.2- Sells- cap.16. Concerning the Juftice Court. ASSURANCE. That the King's Peace be Aflurance to all men, fo that no man need have Aflu- rance of another. Jam. 2. p. 6. eap. 13. That none take , or fit under the Aflurance of Theives,or pay them black- maill, under the pain of Death, andElcheat, Jam. 6. par. 1. cap. 22. SeeitinTheift. B B AILS. The manner of takning by Bails , to give notice of Ihvafionsfiom England, Jam. 2. par. 12. cap. 48. BAILLIES, See Judges , and Sheriffs. BANKRUPTS, See Fraudful Alienations. Aft impowering the Lords of Seffion upon a Frocefs at the inftance of any Cre- ditor having a real Right , to value fiich Lftates as belong to notorious Bankrupts , and whereof the Creditors are in rofieflion , and to appoynt Commiflioners to lell the fame , at the faid rate , or more, and that the fale be made by a Roup , upon the Intimations fet down in the Aft, and being repotted to the Lotds , and Regi- ftrat, thatitbealsvalide, as if made by all Fetfons having intereft; and that the price be diftributbethefaidsCommiffioners among the Creditors s conform to their feveral Rights, and Diligences, Car. 2. p. 3. cap. 17. BANDS, See Leagues. There is mention , made in fevetal Afts of Parliament, James Sixt , of a genera' Band , it fee rues it hath been a Band for keeping the Peace , and it is Statut , that the pains thereof be divided betwixt the King, and the Party, Jam.*, par. 1$. cap. 270. BANDS PRIVAT. Thatall Bands for fumsofmoney bearing Annual-rent, made fince the 16 of November i<+i,bc undeiftood tote moveable, unlets they bear an exprels oblidg- ment to Infeft , or be conceived in favours of Airs, and Affignes, ( fecluding Exe- cutors ) In which cafes , they are Declared heretable , Declaring nevertheleis, that the faids Bands bearing Annual-rent fliall remain in the lame Condition quoadFif- cum& jus Mariti ir t/<#.« as they were before the 1641. Car. 2. par. r. Sell. 1. Cap. 32. BAN QJJ E T I N G. Aft limiting the number of Difhes fot every mans table , viz., for the Earl, ot Bifliop, Eight: The Lord, Abbot, or Dean , Six: The Barron , Four : ABurgeis, or Other Subftantions Man, Three : And one Kind of meat in every Difli , under the pain of 100. pounds, 200. Merks, 40. pounds, and 20. pounds, refieffive. Excepting from this Aft Marriages, asalfo Banquers, to be made to Sttangers by Bifhops, Lords, Bartons, Provefts, and Baillies of Burghs, and none els, Q.M.p. j. cap. 25. That no Perfons under the degtee of Batrons,& Landed-men worth, Fiftie Chal- detofviftual, oiTwothoufandMerks^crOTTO/whaveat their Table, forraigne Drugs, or Confeftions , aud that there be no Banquets at upfitings , aftei Bap- tifmes, under the pain of 20. pounds, to be payed by the Mattel, and all the Pat- takets, and Efcheat of the Dtugs . and that open doors be made to all Judges ordinarie, for difcoveryof the Offenders, Ja. 6. p. 7. cap. 114. Another Aft anent Banqueting , and difchargmg Confeftions, under rhe pain of rooo. Merks, Jam. 6. p. 23 cap. 25. Aft reftraining the exorbitant expences of Baprifms, Marriages, and Burials, Car. 2. par. 3 .cap. 14. B A P T I S M E. That none Baptife theit Children , but by the Minifter of their own Patifli , or by alicenfedMiniftet, upon a Certificat from him , or in his abfence , fiomani"h- bour Minifter , underthe pains every Heretor, Life-renter, or Wodfetter, ofa fourth part of his Valued-tent, every Perfon above the degree of a Tennent, and evety confiderable Merchant, 100. pounds, every Inferiour Merchant , orconfi- derable Tradfman,and every Tenntnt, so pounds,every meaner Burgefs.or Cottar 20 pounds, & every Servanr, of half a years fee. And the Execution is committed toShirreffs, Stewards, Lords of Regality , andMagiftratsof Burghs, whoare al- lowed all the fines, except thefe of Heretors, for which they ate made Oonipcable to the Thefaurer , Car. 2. p. 2. Sett 2. cap. 6. And this Aft, and the pains there- of extended, to fuch as keep their Children un-baptifed fot the (pace of Thirty dayes together, or produce not a Teftificat under the Miniftetof the Parifh his hand, oriftheKitkbeVacant, undera Nighbouring Minifters hand, that the Children were Baptized within the faid fpace. Ibid. Self. 3 . cap. 1 1. The exorbitant expences of Baptifmes reftiamed. Car. 2. p. 3. cap. 1 4. BARRATRIE. ThatnoClerk, Religious, or Secular, pafs out of the Realm, except he make faith that he fhall doe no Barratrie, and have licence of the Lord Chancellour, or his Ordinarie , and he that does in the contrary, or makes Barratrie, that hebely- able to the Statut againft havers of money out of the Realm, Jam. i.p.7. cap 107 See Benefice. ■ ThatnoneSute, or defire Title , ot Right of the Pope, 01 his Seft , to any thing in the Realm, undetthe pain of Barratiie, that is Banifliment , andlnfatnie, and that no Bifliop, ot Prelate, ufe any Jurifdiftion by the Popes authority, under the faid pain , and Barratiie may be ttyed before the Juftices , 01 Lords of the Seffion, Jam. 6- p. 1. cap. 2. To Trafficque abroad againft the tiue Religion, Incunes the pains of Barratrie. See James 6. p. 6. cap. 7 2. in Religion. B A R R O N S. Ratification of all Piiviledges granted to Noblemen, andBanones, Tarn i par. 1. cap. 26. J B A R R O N I E. Annexation of Lands to Barronies , exempts them not from the SherrifTCourrs, and Juftice Airs , whete they lye, bot only oblidges them to ptefence , and fervice, in the place wheteunto they are annexed , Jam. 4. p. 6. cap. 93. Magiftrats of Burghs of Barronie, may arreft none for debt , but their own Bur- gefles, Car. 2. p. 2. SefT 3. cap. 8. The Liberty, and Priviledge of Burghs Royall , as to Trade. See in Burghs, and Car, 2. p. 2. SeiT. 3. cap. 8. there. BEES, See Hyves. B E G G E R S. That no Beggets betwixt Fourteen , and Seventie years be thoiled to beg , unlets they have a token that they cannotwin theii own living , in Landward of the Sher- liff, and in Burghs, of the Bailzies, otherwayes to be burnt in the cheek, and banifhed, Jam. 1. p. 1. cap. 25 Ratified , Jam. 4. p. 6. cap. 70. Item , that the Magiftiats , and Shirrens negligent, pay Fiftie Hillings to the King, jam 1. p- 2. cap. 42. That no Begger born in one Parifli be thoiled to beg in anothet, and that tokens be madehe the Heads- men of ilk Parifli for that effeft. Jam. 5 par 4. cap. 22. ... That in Burrows the Chambetlane inhis Air , fhall ilk year inquire , if the Alder- men, andBaillieshavekeepttheftatutesofBeggers, and the breakers to be pu- Bifhedin40.fliillingstotheKing, Jam. 1. p. 7. cap. 104. Ratification of the Afts anent Beggeis , containing particulat orders for repref- fing idle Vagabonds , and releiving fuch as aie truely unable , and poore , Jam . 6. p.6. cap. 74. See Poore. And this again Ratified , with a Commiffion ro Juftices in that part , fot Execution 01 it, in cafe the Judges ordinary be remifs, ornegligent, Jam-S p. II. cap. 147. The :Aft againft ftrange Beggers , Vagabonds, and Egyptians , again Ratified, and they and their bairns, be imployed in Common-woiks, and theii feivice mentioned in the Aft, Jam. 6. p.6. cap. 74. Isproiogat during life , and the power of Executing the faid Aft, granted to Kirk Seffions , Jam. 6. par. 15.- cap. 268. Item , all thefe Afts Ratified, and that the Kirk Seffion be affifted by one, or two, of the I'resbytrie . and that both they, and the Seffions , put the faids Afts in Exe- cution , underthe pain of Twentic pounds, Jam. 6. par. 16. cap. 19. The Afts, Jam. 6. par. 6. cap. 74, and par. ij. cap. 268. Specially Ratified, Car. 2. p. 1.' Sefl. 3. cap. 16. ' Afteftablifhing Cotreftion-houfes in the Buighs therein named, for idle Beg- gers, and Vagabonds, Car. 2. par. 2. Sell! 3. cap. 18. SeePocre. DRINKING BEIR. Twentie fhillings of Cuftom impofed on everyTim of Drinking Beix brought in to the Realm, Jam. 6. par. 13. cap. 179. BENE-