Page:The Laws and Acts of Parliament of Scotland.djvu/817

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»he Patrimony of the' Kings fecond Son, are alfo contained in this Diflblution, la. 6. p. jic. 30. *Amo 15S7. Dilfolutionof all Annexations of fore-faulted Lands, where the fore-faultures are reduced. Ibid. cap. 31. . General Diflblution of all Lands pertaining to the Crown, and un-annexed, to be let in Few , with Augmentation of the Rental , and with preferrence of thole that have already Few Infeftments thereof, Providing they renew rhe fame betwixt and a day prefixed, Excepting from this Aft, the Kings Caftles, Palaces, Yeards, Woods, Parks, Forrefts , Paftures, and in fpecial the Loromonds of Fall^ /and, Coal-heughs, and Offices. Jam. 6. p. 14. c. 204. But the ground of demolifhed Caftles, wirh the bounds, Meadowes, and Loches, thereto belonging, as alio his Ma jeftie's Coal-heughs are alfo diflblved, to be fet in few with augmentation of the Rental. la. 6. p. 16. c. 8. DiflblutionoftheLandsandEarldomofGoKi-K, efcecialy of theLordihip of Hunthigtour , and Lands of Stra-brand, to be fet in few for augmentation, ire. Declatingcertainpartstheteof to be diflblved, tobe fet in blanch to the Earl of Montrofe, la.6. p. I 8 . C I 8 Diflofution of the Lowmonds , and Moors of Falkland, to be fet in Few- ferm for Augmentation, ire. Ibid. c. 19. Diflblution of the annexed property , tb be fet in Few-ferm for Augmentati- on, ire. But excepting the Kings Caftles, Palaces, Yeards, Woods, Forrefts, Parks, Paftures, for Sheep and Nolt, and in fpecial the Lowmounds of Falkc land, Coal-heughs, and Offices, and the diffolution to iniuttutfupra, Car. r. p. 1. cap. 11. DONATIONS PIOUS. Gifts Legacies , or Donations for Pious ufes , may not be inverted from the fpe- cifick ufe deftinat be the Difponer , and the Perfons intruded are made comptable for the fame, and ordinary profiles thereof, rotheKitks, Colledges, and others to whom they are difponed, ortotheBifliopoftheDiocie, for their ufe, and this extended to all fuch Difpofitions made iince the Majority of King James the Sexth, and that Letters be thereon directed, Car. 1 . p. 1. c. 6. D O O M E S, The forming of falling of Doomes, and the faller to offer aBorgh, afligne a reafon, and proteft for moe, la. 1. p. 9. c. 1 17. The procelsoffalfingofDoomsnownotinufe, la. 4. p. 6. c. 95. The words to be vrfed in falling of Doomes changed, Ibid. 99. DOWCATS, and DOWES. Deftroyers of Dowcats a part of Dittay, Jam. 1. par. 2. cap. 33. See it in Thcift. That no man break, or take , orftealDowesoutof anothcrs Dowcat , under the pain of Theift, lam. 3. par. 7. cap. Si. lam. 4. par. 6. cap. 69. Q. M. par. 6. cap. 58. Ratified with an Augmentation of the pains eventodeath, againft fuchascannot pay the Fines. lam. 6. par. 6. cap. 84. and lam: 6; par: 19: cap. 3. See Theift. That Lords and Lairds make Dowcats , &e. la: 4: p: 6: cap: 74. See it in Plant- ing, andPolicte. That no man have liberty to build a Dowcat in Burgh, or in the Countrey, ex- cepthehave Lands andTeinds to the value of Ten Chalder of Viftual yearly, within two miles of the faid Dowcat, and he may only build one, and no more, lam: 6: p: 22: c: 19. DRUNKENNESS. That Ferfont convift of Drunkennefs , or haunting of Taverns , and Ale-houfes, after ten of the clock at night , »r any time of the day , except the time of travel, or for tefrethment , pay for the firft rault Three pounds, or be put in Jogs, orjayle Sex hours, for the lecondF/fir ;«<««<&, or be put in Jogs, orjayle Twelve hours, and for the third Ten pounds, or Stocks, or Jayle Twentie four hours, and if they thereafter tranfgrets, to be put in Jayle till they find caution, and all Shirrefts, Stewarts, Provefts, Baillies, Juitices of Peace , and Kirk Seflions, are im- powered to execut this Aft , and apply the pains , ad pios & necejjarios ufus , Ja: 6: p: 22: cap: 20. Ratification of all Afts againft Drunkerine(s , and farther who drink to excefs fliall pay , the Noble-man Twentie pounds , the Barton Twentie merkj , the Gentleman, Heretot orBurgefs Ten merkj, the Yea-men Fourtie /hillings , and the Servant Twentie /hillings , toties quoties 5 And the Minifter the fifth patt of his Stipend, and the Fines to be applied as in the Aft anent thejujlices of?eace made this Parlia- ment, and the Unable to pay, tobe puniflied in their Perfons, Car:2.p.r. SelT. 1. cap. 19. And both thefe Afts Ratified, Car. 2. par. 2. Sell'. 3. cap. 22. See Afts in Profannefs. Atts of Tarliament , &c.

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<DVMFERM LING. Confirmation of the Gift of the Abbacy and Lordthip of Dv.mfcrmling , Lands , Teinds , and Others thereof, lyand on the North-fide of the water oiForh, made by the King to the Queen for her life-time , at Vpjlo in Norway, the 24. November,! 589. Ja: 6. p.13. C- 190, Another Aft concerning the fame Gift, calling it the Kings Motning-gifr to to the Queen, but mentioning neither for her life-time, nor yet to her Airs , but confirming het Chartor and Seilin thereof, and compencing to her lb much as wantsof the faid Abbacy, Ibid, cap- 191. Ratification of the Queens Infeftment of the Lordthip of Dumfermlmg to her,Sc the Airs of herbodie , by the King, which failzeing to the King, and his Airs, and Succeflbrs, Ja.6. p. 2r cap. 10. SeeSucen. E E T> I N BV R H. Order forBigging Leithwindin Edinburgh , and removing the Fleiners fromtheEaft-fideotit, la. s.par.7.c. 102. That the Meal-Mercat of Edinburgh be removed off the High-gate , Ibid. Cap. 103. That there be three Bread Mercats oukely in Edinburgh, whete all may fell Bread, viz.. ontheMounday , Wednefday, andFryday, 7&>4. cap. 121. As alfo three Fleth Metcats , on Sunday , Mounday , Thurfday , weeklie with the fame liberty. ifcAcap. 122. Ratification of all Donations . and Mortifications , made by the King lince his Coronation, or by his Mother in her perfeft age , to the Town of Edinburgh , for fuftentation of their Minifters, and entertaining their Hofpitals, etpecially of Lands, Annual-rents , and Tennements wkhin the fame , founded to whatfoever Benefice, great orfmall , and Lands, or Annual-rents without the fame,annexed to any Benefice , or Religious place within it, annexing the premifies to the Com- munity of the faid Burgh, anddiflblving thegeneraf Annexation , and difcharg- mg the Kings Revocation , in fofar asthey may be prejudicial thcrato, la. 6. p 1 2 cap. 1J9. ■- 'jr- Ratified, and all Gifts given by His Majefty of the premiffes to any othets , fince the dan of the Gift of the fame granted to the faid Town; Revocked,& rclcinded, Ja. 6. p. 13.C. 1 8 j. That none of whatfoever Eftate , or degree , difobey , or contraveen the Charge or the Proved , and Baillies of Edinburgh , proceeding by immediat command of hisHighncfs, by vertueot Letteisof the Lotdsof Secret Council, or of the Lords or Seliion , or by ftarut ot their own Council , or by their own Authority ; agreeing with their own Liberty, and not prejudging that of others, or doe violence to them, or their Officiars, in the execution of their faids Offices, under the pains or Deforcement," and Sedition. Item, full power, and authority is given to them, having firft acquainted His Majefty for his allowance, to convocat, and aliemblein Arms, raife men of warron pav.and ufeHagburs, and ajl other Ar- mours at all timeswhen they ftall think expedient. Item, if any Perron in re- tailing the faidsMagiftuts, or m the redding of Parties , (Provyding it be with long Weapons, and not by toting Hagbutsor the like) (hall be hurt, or (lain, the laids Magittrats and the Community of the Burgh , and alltheir Allifters , are therefore amplie indemnified, la. 6. p. 13.C. 184. That no Perron build in Edinburghiniimecommginy Houfes, except fuch as fliall be covered with Sklait, or Skailie, Lead, Tyle or Thack-ftone , and thac fuch Houfes as are now thacked with thack or Stiaw , becoming tuinons, fliall be repaired, and covered as aforefaid, and that Letters be direftfor this effeft, la. fi. p. 23.C. 26. Aft Ratifying the Aft of rrivy Council 17. of February, 161 8. That no flacks ofHether, Broom, Whins, or other Fewel, be keept in Edinburgh in the Streets, or Houies thereof, after the firft of May, rfiis. under the pain of Tinfcl thereof, and Five Hundred p ounds betide , to be payed by the keepers; but that the fame be fet at fome remote parts of the faid Burgh , where there are no Houfes. Item, that Fleihers keep no flaughteiing Houfes in the faid Burgh, norioome their filth on the ftreets thereof, but atthe North- Loch-fide , and that Candlemakers keep no melting Houfes , but at fome remote parts of the Town , after the faid day , under the faid pain of sao. pounds, and that the Magittrats take fpecial care to fee th oblerved. Ibid. cap. 29.

this Aft

EGYPTIANS, SecBcggers. Aft Banifhing all the Vagabonds commonlie called Egyptians, forth of the Kingdom forever, after the firft of ^4»gufl, 1609, and not to return, under the pain of Death, to be execut upon them, as nototiotis Theives, ontryal tobe taken by an Aflife , that they3re holden, and repute Egyptians, and that none reflet them, andall warrands in rhe contrary are declared void. lam. 6. par. 20. cap. 13. EJECTION, See Removing. That the Defenders in Ejeftion , find caution for the violent profits , as in cauies of removing, the firft dyet ot the Litifconteftation , or otherwayes decreet to be given againft them, la. 6. p. 14. c. 217. ELL. That the Eli contain Threttie feven Inches. la. i.p. 4. c. 68. ENGADGEMENT. Aft approving the Engadgement In wait fot the Kings releif , in the year 1 648, Car. 2. p. 1. Sell. i.e. 9. ENGLAN'D, and ENGLISH, See Borders. That no man buy Englifli Cloath or gudes from Englifli men in Scot/and , or with- out , undet the pain ot efcheat, and tha: no Enghfli man bring any , except they be fpectfiedinhisconduft, or in payment of Ranfome of Enghfli ratts, lam. i.p.14. cap. 14s. ThatSalmondbeneitheifentto, nor (old in England , but to Engliflimea buy- ing them in Scotland , for Englifli gold. Ibid. cap. 146. That no Cattel be fold to Englifh men in England , but for ready Gold , and Silver, under pain of efcheat , betwixt the King, and the Wairden, la. 2. p. 8. cap. 3 5. That no man pafs into England in time of War, without leave, under pain of Treafon, la: 2: p: 12: cap: 50. That any Englifli man coming into Scotland without conduft, may be made Ptifoner, and that no man fit upon fpecial Aflutanceofanv EngHJIi man , without leave of the King, orWarden, under the pain of Tteafon, and thatnone fupplie Berwick,otT{oxburgh under the fame pain. Ibid.c. ji,and52. That no EngliJIs man have Benefice in Scotland, la. 3. p. r.c,7. Thar no man fend, or fell Cattel, Viftual, Fiih, or Salt, to England, lam. j. p.4.c.2o. ThisAftmade, becaufeof the Scarcitythen in Scotland. Scots men allured by EngliJIs men , if warned todifcharge the Aflitrance, get noreftitutionofgoodsfpuilziedfrom them thereafter by Scots men un-afiured, Q. M. p. 5. cap. 13. Scots men fpuilzied by both Scots and EngliJIs in company , hes gude aftion of Reftitution againft the Scots men. Ibid. cap. 14. An allured Scot s man ryding with the Englifli Armie ; may be perfewed for all the skaith done va Scots men un-afliited. Ibid. cap. is. ■ ThatWool, Skin, Hides, or othet ftaple gudes Cuftomable ,benotcarriedro England, under the pain of the efcheat thereof, or of the value, and the tranf- grefibr to be puniined in his Perfon, Q. M. p. 6. c ■ 45 . That no Scot s man Marrie an Englifli woman , in the oppofite marches , without the Kings licence under the great Seal, under the pain of death, and efcheat of moveables, lam. 6 p. 11. c. 104. That the Wardens put in Bill all Englifli men occupying pofleliions in Scotland, againft the Treaties, and feek redrefs thereof, Ibtd.c.ios- All Englifli Cloath or orher Wares , and Merchandice of Wool , forbidden to be imported for Sale , under the pain of efcheat thereof, and of the whole other gudes of the Importers, la: 6: p: 1 5: c:.2j2. That all gudes pafland by Land, , to, or from En£/ W , pafsbythe waves ot Ber- wick^, 01 Carlijle shnciy , and with Certificats from the Cuftomers of Scotland, m&England, asefteirs, underpainof Conh'fcaton of the gudes, Jam: 6: par.- 18. cap: 6. ASianenttheVnionofthetwo%ealmes, marked Aft 2. of the Index of the .not Imprinted Afts. lam. 6. p. 1 9. That Perfons commiting any offence in England, declared by the Law of Scot- land to be pettie Treafon, Murder, Man-flanghter, Felonies, Burning of Houfes, and Coin, Burglary, Robbing of Houfes by day, Robbing, Theift , or Rapt, D 2 and