Page:The Laws and Acts of Parliament of Scotland.djvu/815

x^dttsofTarliament, &c. That there be fit ilk Burgh a Deacon of the Goldfmithstomark made work, and his fie a pennie of the ounce, Jam. 2. par. 14. cap. 6s, andjam. 3.p.rj. cap. 96. That no Craft-men, nor Cordoners take Cuftom from fuch of their own Craft, •as come to the weakly Mercat, other then was wont by old Law, under the pain of buying his life therefore , as for common Oppreffion , Jam. 4. par. 4. cap. 42. That all Deacons of Crafts ceafeforanyear, and have no other power, but to examine the finefs of (tuff, and work. Item, that all makers, andufersof the ftatutes, (that wages be payed for Holy-dayes, afwellas for Work-dayes, and that no Craft-men end the work begun by another.) be puniihed as Oppreflbrs, Ibid., cap. 43, Who have biggings, and reparation . eitherto Burgh or to Land, may choife Craftf-men, free 01 un-free as their pleafure, and where he that begins delayes to endthewotk, othetsmay be taken in his place, and that no Crafts-man make. Impediment thereto, under the pain of Tinfel of his Free-dom. Ja.s-p-7-c in Ratified, Ja. 6.par. is.cap.4. That there be no Deacons of Crafts , but a Vifitour of every Craft , cholen year- ly by the Proveft , Baillies, and Council of the Burgh, to vifie the Craft leilly upon Oath, but without any power to gather, orconveen the Craft, and this Vi- litour, to have vote in choifing of the Officiates , and otherwife as Deacoushad. Item, that no Craftf-man bruik Office within Burgh, except two of them to be cholen yearly on the Council , and on the auditing of the Compts of the common «ude, and the breaker of this Aft, to be puniihed by wairding for a year, Tin- Jel of Freedom, and the efcheat of a third of their moveables, Q.M. Tar. 6. cap- S-- CREDITOR. Thatno deed made by a rebell un-relaxed , be valid againft a Creditor. Item, that no gift of Efcheat, Aflignation, or other right thereto, alledged made in defraud of the Creditor, and in favours of the Rebell, be valiable , if it be in- ftantly verified by writ, that the Rebell is ftill at the horn, for the fame caufe, and that it be a good exception againft: any ptetending title by Aflignation , or gift ot the Rebels elcheat, that he, his Wife, iairns, or Friends, remain in pof- feflion to his behoove. Ja. 6. p. 12.C.I-4S. See fraudftil ^Alienations, Bankrupt, De- bitor , and Creditor , and Efcheat. CRIMES, and CRIMINAL Procefs. Crimes may be perfewed by the Shirreffs in the Kings name , if no follower Ap- pear, la. r. p. 13.C 140. (and lam- 6. p. ir. c. 76.) And that the Law for feven years (ftathe year 1434) be holden where the trefpafs was done, without deferring to Regalities , or Surrowes therein, la. r. p. 14. cap. 148. That in Criminal 1'erfuits the Letters be fubferibed by the Writter, and Juftice Clerk, and his Deputes, and that the Juftice Clerk take fovettie for reporting the fame, underthe pains contained in the Letters. Item, if the Defendarin mu- tilation be afloilzied , or a multitude called for any crime , and be found innocent, ihePerfewerflvaUbeinanun-law of Ten pounds, lefs or more to the Defender, andpaytheexpencesof the Affifours , atthedifcretion of the Juftice, and who hesnotin gudes, may be puniihed Corporally, lam. 5. par.4. cap. 35. Item, the accufed being found Innocent , that their expences be modified by the Juftice, Tuftice Clerk , and their Deputes, betide the forefaid pains for fuch as are acquit, orpaftfrom, Ja. 6.p. n.c. 87. In Criminal caufes the Perfewer may compear with four , and the Defender with Sex of his Friends , and no mote , otherwife the Juftice may chatge the Breakers to enter their Perfons in waird , there to remain during the Queens pleafure, un- der the pain of Rebellion. And if they difobey , put them to the horn , Q.M. p. 6.c. 41. That no Criminal Letters be direft againft complices in general, but againft fpecial Perfons complained upon : And that no Officiar prefume to charge Com- plices given in Bill. Item, thathefummond no more Perfons without fpecial warrant, to be Aflifiburs, then Fouttie five, given him by the Perfewer, in a Roll fubferibed be him.or ane Notar for him ; Which Roll ihall be annexed to his Exe- cution unaltered, and that underthe pain of F ive hundrcdmcrks, and Deprivation, andhisPeifon to be in the Kings will, la. 6. p. 6.C.76. That no Officers fummond more Perfons on Affifes, but as above, nor put out norputinthefaidsRols, for gratitude or good deed, under the pain to be pu- nifhed as an Oppreflbr to Death, lam. 6. p. 1 1 . c 8 8 . But now the Roll of the Affifours is appointed to be Signed by the Judges, Car. 2. par. 2. SeffYcap. 16. Concerning the Juftice Court. That theunjuft Perfewer in Criminal perfuirs, if the Perlons be acquit, and within the number of Ten, pay Ten pounds , and if more, Twenty pounds; and that doom be given therefore, and the Party keept in waird, untill he make payment , and if the Kings Advocat be only Perfewer, that his Informer be lyable , and Letters of Homing and poynding therefore (ummarly direft on the Aft of Adjournal. Item, that the Juftice Clerk, and his Deputes, takefoverty at the giving of Criminal Letters , for the reporting of them dulie execut , and that the raifer Hall infift , undet the pains contained in the Aft of Par- liamenr. la. 6.p. 6.c. 78. See the pains, iaPaim. Capita! crimes are reckoned, Treafon, Slaughter, Mutilation, Adultery, In- ceft, Theiit, Common Oppreffion, Ufury, Perjury, and Falfhood, Jam. 6.' par. S.cap. 132. That the foverty to be found in Criminal purfuits by the Purfuer to report , &c. and the Defender to compear, be found by them alio for their compearing in fo- ber manner, with the numbers prefcribed, Q.M. p. 6. cap. 40. F.eckoning their Froloquutors, otherwayes the pains to be incurred by the purfuer and the defender to be adjudged abtent and fugitive. Item, That the Juftice and his Deputes make record or the perfons prefent in Court,contrary to the faidAft.and canfe denounce them. Item, That in the premifles Denounciation made at the Mercat Croft of the head Burgh where the juftice Court lits.and Regiftration in the Journal Books lhall be as fufficient as Denounciation and Regiftration in the Shire where the Re- bellsdwells. Ja.6 p. S.cap. r4i. The Thefaurer and Advocat may purlue all crimes, albeit the Parties ihould be filent, oragree, Ja. 6. p: n.c.76. That all Criminal Libells, Z-ibell ~4rt and Part, which part of the Libell ihall be relevant againft all exceptions, la. 6. p. 12. cap. r 5 1 . That in all Criminal purfuirs, the Defender , or his Advocats be the laft (peak- ers, except in cafes of Treafon and Rebellion againft the King. Item, That the Defender have the lift ofWitnefles robe made ufe of againft him, given him with the Libell, and the Purfuer in like manner fuch as rhe Defender intends to ufe for Exculpation with the Summondsthereof, Car. 2. p. 2. Sell'. 3. cap.is. con- cerning the Juftice Court. See Jufticet CROWNER. The Crowner ihall arreft as well before as after the cry of the Juftice Air, but on- ly fuch as ihall be given to him in portuous by the Juftice Cletk, and none other, ja. i.p.U-cap. 119. That the Crowner receiving his portuous and traifts, if there be any perfon therein that he dares not arreft, that he go to the Baron or Shireff,and|if they refute to be foverty for the perfons dwelling within their refpeftive bounds, that they af- Cft and fortifie him lor arreftlng the faids perfons, under the pain of tenpomds, to be oiysd by them to the King, Ja.3.p. 14. ess. That the Crowner do not intromet with the goods of men convift, but by the Sheriffs warrand, under the pain of ReifF, and thatthe Sheriff give the crowner no more then his due, Ibid. cap. 102. That the Crowner ihould have of the goods of perfons convift, the dauntoned Horfe depute to work, aud not to the Sadie, never ihod, nor ufed toihoone, Ibid. cap. 113. Thatthe Crowner arrefKng perfons at their dwelling places. andPatoch Kirks, take foverty of them, aud atreft their goods untill the (aid foverty be found,or e'lfe Waird the perfons, or deliver them to theSheriff, Ja. j.p. 3.C j. If the Crowner cannot apprehend perfonally, it is enough that he wairn the Per- fon to be arretted at his dwelling place, and make publick intimation at the Paroch Kirk next Sunday thereafter, which ihall be an fufficient arreftment, the Crowner proving it by his own and one wunefs Oath, la. s-p-4.c. 34. CRUVES and ZAIRES. That all Ciuves and Zairesfet in frefli Waters where the Sea flows and ebbs, be deftroyed, under the pain of an hundred /biUings , and that they that have them in freih waters, where the Sea flows not, keep the Sattsrdayes flop, and fuffer thera not to ftand in forbidden time, under the laid pain ; and that ilk Heck of the faids Cruves be three inches wide, la. i.p. i.e. rr. Ratified with this addition, thatthemid-ftream in freih Waters be left free by thefpaceof lex foot, underthe pain of five pounds., la. 3. p. io.c.74. Again Ratified, but the mid-ttream ordered to be lett tree be the fpace of five foot; that ilk Heck of Cruves be five inches wide, (but three inches is lound by the Lords to be the juft meafure ) And that Shirefts, Stewarts, &c. execute the Afts aneut Cruves, under the pain of twenty pounds , la. 4. p. 2. c. 15. and la. 5. p. 4. c. 17. And the haldersot Cruves againft the Laws to be puniihed as flayers of Red-fifh, Salmond, and Smolts, ibid.e-tj. SeeSalmond. The Aft, Ia.4. p. 2.c. 15. Ratified: And farther, rhat all Landed Gentlemen put the Afts for putting down of Cruves to execution within their bounds, under the pain of an hundred pounds ; and if they fail, that Sheriffs and Baillies do it, un- der the like pain, Q.M. p. s. c. 68. Ratified, and Sheriffs, Stewarts, Baillies, Lords of Regality, and Magiftrats ofBurghs next adjaceni, are impowered to call and hold down the faids Cruves, andtoconvocattheLeigesfoi thateffeft, Ja. 6.p.6.c.?p. A Commiffion given to certain Judges within their refpeftive bounds thorow the Kingdom, granted for thisend, without prejudice to fuch as are dueiy Infefr, and in pofleffion of holding of Cruves, Lines, and Coupes within fteihWaters, ptoviding they keep the Saturdaye s flop, and due widenels of me Hecks, la. 6. p. 7. cm. No mention here of keeping the mid-ftream free. CUNNINGAIRS and CUNNINGS. Deftroyingof Cunningaires and Cunnings a point of dittay , la. 1 .p. 2. cap. 33. andla. 2. p. 14. cap. 88. SeeTheift. That no man take Cunnings out of anothers Cunning airs under the pain of dit- tay and theiit, la. 3. p. 7.0 6r.Q_. M.p. 6. c. 56. Ratified, with augmentation of the pains pecunial, to ten, twenty, and four- th pounds, orcorporal, ofPrifon, Stocks, and Death, for thefirft, fecond , and third fault. la. 6. p. 6.c. 84. SeeTheift. CUINZIE. See Bullion and Money. The Cuinzieoux not obferving the Standard of the Groat, tines life and goods, Ia.4. p. 2. c. 17. CURATORS. See Minors, andTutors. That a Minor defiling Curators, come before his Judge ordinary, and take out an Edift to waitn two at leaft of the molt honeft of the Minors Kin perfonally, or at their dwelling places, and all others having intereft generally at the Mercat Crofs of the Shire where the Minor hath his Lands or goods, upon ninedayes wairning, to hear the Curators defired given unto his perfeft age of twenty one years com- plest, and Caution found defidcli : And Gurators being thus given, no other to be chofen, northey to be removed, but by order of judgement, Q. M. par. 6. cap. 3S- Thatthe neareft Agnats and Kinfinen of natural Fools, Idiots, and Fuiious Per- fons be ferved, received, and preferred, according to the difpofition of the com- mon Law, totheirTurory and Curatory, la. 6. p. 10. c. 18. That Curators ought to make Inventaiy of the Minors eftate and means, Car. z. p. 2. SefT. 3. c. 2. See the AiXiuTutors. CURSING, and CURSED PERSONS. See Excommunication. That Caption be given againft curfed Perfons, and if they flee, that their goods bediftreinzied ; and if they havenogoods,thattheybeputtotheHotn ; And this to endute untill the next Parliament, la. 2.p. 6-c 11. That beGde Letters of Caption that may be given after fourtydayes againft Ter- fons curfed, Letters of Peynding and Apprrfling be alfo d ireft againft them for pay- ment of the debt, or Letters of four forms for doing of the deed , the ground of the fentencc of cutting. Ja. 5.0.4. c. 9. Addition to this Aft in cafe of Appellations, ( now in defuetude ) ibid. cap. 36. That Peifonscutfed lying in that ftate year and day, or receiving the Sacrament therein, unreconciled, tine all their moveables as efcheat to the Queen, withpre- f errence to the Creditor at whofeinftance they are denounced cutfed, Q. M.p. 4- cap. 7. See Excommunication. CUSTOMES. Great and fmall Cuftomes , with the Burrow Maills, are to abide with the King to his living, J. i.p. i.e. 8. . . ThatofNolt, Horfe and Sheep had out of the Realm be payed for Cuftome twelve pennies per pound of the value ; And of ilkthoufand fieih Herriugs fold, ipenny by the Seller; AndofilkLaftofHerringtakenby Jcofj-men, and barrel- led, four /hi Wings, and if by Strangers, fix fallings; And of ilk thoufand Red- herrine made in the Realm four pennies, la. i.p, i.e. 21. Cuftomes of Mertrick and other skins had forth of the Realm, - for the Mertrick two fin Umgs per piece, for rhe hundred Cunning skins twelve pennies, &c. ibid. cap. 22. Cuftome of ilk poundsworth of Woollen Cloath had out of the Realm twofliil- lings , of ilk poundsworth of Salmond bought and had our by Strangers, thirty pennies : A»d of ilk pounds worth of -En^///* Goods brought in, thirty pennies,]*. I.p. 2.C.40. . They that have out of the Realm Merchandice not paying the Cuftome, either Gold or Silver, to be banifhed without doorn, but prejudice of other pains, Ja. r. p.7, c. ior. That Cuftomers take no more Cuftome nor is due, underthe pain of oppreffi- on, Ia.4. p. 4- c.46. Aft Ratifying former Afts about the Cuftoms, and that a Cuftome Roll be made, and the Sack of Wool to contain but twenty four ftone, and the hundred D *Wa« •