Page:The Laws and Acts of Parliament of Scotland.djvu/829

x^Atts of Tarliament , &c That Marriage be as free as Gods word allowes, and that fecondsin dcgreesof a 7 Conlanguinity , and Affinity, and all out with thofe contained in Gods word, might have Married lawfully fincethe eight of March 1558. And may dofoin timecoming, lam: 6. p: 1. cap: is. The Man or wife wiltullie diverting , bythefpaceof four years, may be cited and fentenced to adhere, and thereon charged , and denounced , and after Privy Admonitions direft by the Bifliop , theMinifteroftheParoch by the Bifliops order flialladmoniflihimpublickly , and proceed to Excommunication, in which Cafe, the Parties obrtinacie Ihall be an fufficient caufe of divorce , and the Offender fliall tine the Tocher, or Donation, propter Nuptial, Iam.6.p. 4.C. 55. That who everMarries in a Clandeftine , unorderly way , or by Ferfons not authorized by the Kirk , ihall be Imprifoned for three Moneths, andbefide lhall pay, the Nobleman anThoufmd pounds , the Gentleman and Burgefs Five Hun- dredptunds , and each other Perfon a Hundred merks , and that they remain in Pri- fbn, while they pay , and the Fines to be applied to pious uies of the iaroch where they dwell, thatthe O-lebrator be Bannhed, notto return underthe pain of Death, that none of the Parties where both relide in Scotland, get themfelves Manied in England, or Ireland, without Proclamation of bannes in Scotland, and againft the order of this Kirk, under the pains, a Noble-man , a Thotifand pounds , a Landed Gentle-man a Thoufandmerkj , a Burgefs , Five Hundred pounds, each other fubftantious Perfon Five Hundred merks , a Yeaman, a Hundred pounds, and each Inferior Perfon a Hundredmerks , half to the King , half to die Faroch, and that the King, or Kirks Advocat perfew the contraveeners of this Aft, and that luch as are unable to pay , be puniflied with Stocks, and Irons, and all with- out prejudice of the Kitkcenfures , Car: 2. p.i. Seff 1. cap. 34. It is farther Statut, chat who Marries any Perfon not lawfully Ordained, or Auhori- zed thereto He, and She amit their jus Martti . and jus %eli3&, Car. 2. p. 2. Seff 3- cap. 9. The expences of Marriages regulat, Car. 2. p. 3 -cap. 14. MARRIAGE Cafuality. That in Service of Airs holding Lands waird, Tax, or Few, cum Maritagio, the lnqueftretourthe Taxt, for the Marriage , and of the Few cum h.aritagio , thatitmaybeinfertin the Precept, Car. 2. p. 2, Seff! 3. cap. 14 S H I R E of Meirns. That the Court place thereof, be removed from Kjncardin , to Stonehyve , J3.6. p. 16. cap. 27. Ratified, and that the faid Burgh of Stonehyve, andMercat Oofs thereof, be the head Burgh, and place of all Executions, and Publications, within the Shire, Ja. 6. p. 19. cap. 7. M E R C A T , See Burghs , Cocquet , Low- countries , and Ships. Towns, and Parodies, which had Mercats on the Sabbath, which are now pro- hibit may choife any other day in the Weeke for holding the fame , if it be not the the Mercat day of the next Town , Ja. 6. p. 1 2. cap. 1 22. That no Royal Burgh keep Mercat on Mounday, or Saturday, under the pain of an Hundred merks, but that they change the fame toother dayes , But Fleihers in thefe Burghs , may keep Flefh-mercats on thefe dayes, Car. 2. p. 1. Sell 3. «ap. 19. MERCHANT. That no Merchant pafs over the Sea in Merchandice , unlefs he have of his own or under his Government , at leaft three Serplaiths , or Two Hundred Twenty tour Stone of Wool, or the value, under the pain of Ten pounds , and this to be tried by ane lnqueft , Ja. 1. p. 2. cap. 38. Ja 2. p. 14. cap 67. or having in his own half , aLaftofGudes, orfomuchinSteetage, and Governance , Ja. 3. p. 2. cap. I3.andp- 14. cap.ioS. Ja.4. p. 2. cap. 14. and Ja. j. p. 4. cap. 24. In which laft Aft the pain is made Twenty pounds , and the Execution very fttift. That Sailers ia Merchandice, be Free-men,Indwellers of Burghs, Ja. 2. p.14. cap. 67. This Actis faid to be made by the Clergy, and Barrons, andthefame is Statute Ja. 3- p- *• cap. 11. and par. 14. cap io5. ThatnoManot Craft ufe not fail in Merchandice, unlefs he renounce his Ctaft, Ja.- 3. p 2. c.ip. 12. under the pain of Efcheat of the Merchandice, Ja. 3. P. 14 cap. 107 SeeSh-ps. Thatnogudesbefent to the Swyn , or Sluife , the Dam, or Bruges, lam. 3. p.;. cap. 10. But that Merchants la lie to "Roc he I , Bjurdeaux, France, and Nor- mandie, and that ftaple gudes remain in ffaple , and pafs to no Mercat under the pain of Five pounds. Ibid cap. 17. ThatnoShipbe fraughted, or Merchant faile therein , withgudes to Flanders , buttwifeintheyear, that isto fay, to Pafch Mercat, and Rude Mercar, under die pain of Twentie pounds to the King, la- 5. p. 4-c. 31. That every Merchant lailing with, or fending forth a laft of gudes, bring home two Hagbuts , or Mettal for making the fame , according to his pack, with Powder, and Calmes, la. 5. p. 7.C. 9s. That noun-freeman ufe Traficque, fpecially in the Low-countries, nnder the painof efcheat of all their moveables, two thirds, to the King, and a third to the Confervator,Ia. 6. p. 6. c. 97. and p. 1 9. c. 6. (See nin Burghs.) That all Merchants, and Skippers, at the receiving of rheir Cocquets , fwear, that they have no forbidden gudes , nor other lawful gudes , except what is in their Cocquets, not ihall take in other gudes all that voyage, otherwayesthe Ship, and Gudes, at leaft the gudes of the Refufer to fwear, ihall be Arretted, and Con- fifcat. la. fi.p. 15. c. 257. See Low-countries, That Merchants imploy not Aliens as Faftors beyond Seas, Car. 2. par. r . Seff 1 . cap. 44. SeeFaclor. Aft regulating Trade, and Merchandice , betwixt the Royal Burghs, and others. Car. 2. p. 2. Seff! 3. c. 5, See it in Burghs. MESS, See Tapft , and Religion. Thatnonefay, h*ar, or be prefent at Mefs , under the pain of Confifcafion of all their gudes moveable, and immoveable, and theit Ferfons to be in will, for the firft fault, Banilhment fot thefecond, and death for the thitd , and that all Judges be diligent to apprehend the Contraveeners, la. 6. p. i.e. 5. That all Sayers , and Hearers of Mefs , and Profaners of ihe Sacraments , in- currthetinfcllofiimple, and Life-rent efcheat, la. 6. p. 11. c. 24. The Saying of Mefs, infersthe crime, and pain of Trealon , Iam.6. par. 12. cap. 120. Tke Saying of Mefs forthe firft fault , infers the fimple efcheat , for the fe- cond, the Life-rent efcheat, and for the third the pain of Treafon, and Fore- liultour, lam. 6 p. 13. c. 120. That all wilful Hearers of Mefs, and Concealers of the fame, beexecut to the death, and theit gudes efcheat, they being therefore found guilty, or declared fugitive, bcf01ethejufti.ee, or Pi ivy Council, Ja. 6. p. 14. c. 193. Ratified lam. 6. par. 19- cap. t. and all thir Afts Ratified, and Extended, t° all Hearers, and Sayers of Mefs, without any exception, ot reftriftion, Jam. 6- p. 20. c. 5. That none prefume to hear, or fay Mefs, under the pains contained in the Afts of Parliament, Car. 2. p. i.Sefi. i.e. 8, MESSENGER, or Ofliciar of Arms, See Lyon. ThatMairs , or Seriands in Royalty, Regality, and Burrowes , have wands, and Horns , in manner fet down in the Aft, Ia. i.p. 6. c. 100. ThatMairesof fee Name Deputes, to be admitted by the Shenfl , and thatthe ShetiffschufeMans, where needful , and that in Summonds, and Attachments, the Maire ihall only fliew his Trecept , and Warrand, lam. 1. par. 9. cap. 112. That there be only two Hundred Officiars of Arms in all Scotlaiid,beniiid, and wearand our Soveraign Lords Arms , in which number , rhe Lyon , and his Bre- thren the Heraulds, feventeen in all , are included , and the reft to be divided a- mongft the Shires , by the proportions fet down in the Aft. And if the Lyon ad- mit any more, that he not only incurte the Kings Indignation , but the 1 erfons ad- mitted , toberejefted, and their Executions to be null, that the Officials to be continued, and fo in all time coming have the Lyons Teftimonial and Decent Bl>zonsin Silver, and that they find gude Soverty , to keep their injunftions, un- der the pain of Five Merks , and to pay the Colts, and Skaiths of 1 arties , lam. 6. p. 1 i.e. 46. See Lyon. Thatthe Officiars Soverty be bound, that he ihall be furnifted with a fufficienc and readie Hotfe , and for all the damage, and intereft of Parties: That the Offi- ciares wages be a merk, per diem , Summer, and Wintet, Iliid.c. 72. That Officiars ot Arms convift of Falihood, oiOppreffion, in Execution of their Office, be puniihed to the death, Ibid.c. 83. That Officiars of Arms , renew their Soverties when dead , or become Infolvenr, under the pain of deprivation.Iam. 6. p. 14. c. 208. METTS, MEASURES, and WRIGHTS That a Stone be made for weighing of fifteen Trois pounds, & divided in fexteen Scots pounds, and thataccotdinglv tiie halt Stone, Quarter, found, and other lefs Weights, be made , and only ufed, Ia.i.p. 3.C. 57, And this Aft renewed, and the Trots pound , to contain fexteen ounces, la. i.p.4. c. 69. Ia. 4. p. 3. c- 33. andla. 5. p. 7.C. 114. Thatthe Watter Mets that now are be obferved , andin each Town a fwora Metfterappoynted fot all gudes tellable bythe WattfcrMet, als well Coals, or O- thers, and that the Seller nor none elfe medle with the Meeting, la. i.p. 3.C. 58. That the Ell contain thittie feven Inches, la. i.p. 4.c- 68. Thatthe Boll be divided in fourFirlots, and contain twentie nine Inches within theBoords, and above twentie feven and an halt 'Inch , even over and within the Boords fexteen Inches, and in deepnels nine Inches . thatthe Firlot contain two Gallons, and a Pint, and the fine to weigh of tlie Water ot T.^fouruc one ounces, or twopoundsnineounces, fothe Gallon weighs tweniie pounds, eight ounces, the Firlot fourtie one pounds , and the Boll eight fcore four pouuds , and thefe Meafuresare compared in the Aft, with the old Meafures in King David the firftstirne, lam. i.p.4.c. 70. That a general Met be obferved according to the Pint formeily given to the Burgh of Sterling, for an univerfal Standart .whereof each Firlot to contain eigh- teen Pints , and of this lint, Quatt, andfirlot, three Standarts to be made, and given to Aberdeen, Perth, and Edinburgh, appointed to be Iteeds for the reft of the Realm, and that none nfe another Mealiire, under the pain of die double of the Chamberlanes unlaw , but prejudice to Matters as to theit Meafures of their Ferms, to be proportioned after this new A/eafute, Ia. 2. p. 14. c. 73. Thatthe Chamberlane and Sheriffs put this Aft in Execution, la. 3. p. 4. cap. 23. and Ia.4.p. 3.C. 33. Thatufersof lalfe Meafures and Weights be indyted as Falfers, lam. 4.par.4 cap. 47, That all A/eafutes and Weights, Pint, Peck, Ell, and Stone, be ofonequan- tity, to be ordained in Edinburgh, and that old Mers be ptopottionat thereto, and if any ufe another A/eafure or Weight, thatitbea point of dittay , Jam. 4. par. 6. cap 96. That the Stone be fexteen pounds,ind the pound fexteen ounces Troi'j, the Pint of Sterltng,xvo pounds, and nine ounces Trots , ot clear water, the Ell of Edin- burgh thirtie feven Inches, and the Firlot of Linlithgow nineteen Pints, and an Jucat, for Afeafuring Wheat, Rye, Beans, Meal, and white Salt, in the Metcat bytheftraik, as alio Malt, Bear, and Oats, (in uletobe menfured by the'heap,) But at the rate of two Pecks for three in lieu o! the heap . found to be a third, and thefe eftablilhed for general ufe , by aCommiflionof ; arliament reported to the Council, and by the Council ordained to be infert intheBooksot Parliament, and that Provefts, and "?aillies of Burrows of 1< oyalty , Regaliiy, and Eji'iony, caufe the fame to be obfetved, under the pains contained in the Afts of Parliament, Ia. 6. p. 1 i.e. 114. That all Sheriffs, Stewarts, and A/agiftrats of Furrows put the faids Afts to Execution , with powet to them to take triallof tails /Jets , Weighrs, and A/ealures, and the ufers thereof , to amit their whole gudes , to the King, la. 6. p. 19. c. 2. AftRa'.if ing the Commiffion 1617, ^intnt Mets , and Meafures . with the Sen'.encs, and Oeterminatton , given thtreon. (See the Determination , wherebythe former A/ealures, and Aftsaboutthem , arealteted and teftifiedj fpecially that the Afeafure , and Firlot of Lin 'nh^ow Should be the only Firlot for all his .Maje- ures Leiges , to buy and fell with, la. 6. p. 23. c. 16. The forefaid Determination finding the Linlithgow Standart of the Firlot, tobe true , and to contain twentie ane Pints , and a A/utchkin Sterling, thattlueeftraiked for two heaped Aieafures, doe exceed and are not juft , and that therefore there itiould be a new Fiilor tor A/alt , Bear, and Oats in place of the heap, containing thirtie one Pints iS"f«f'i'»iT Jug, that the Weight be the FremhTroit Stone, containing fexteen Ti-ji ounces, difchargingthe old Trone Weight lor e"er, that the Ell contain thirtie feven Inches , and that the Pint weigh three pounds feven ounces Troys of the running warer , ol the water of Leith, and thatthe Siandarts be kcept, twoFirlotsby Linlithgow , the Stone weight by Lanerk^. the Ell by Edinburgh, and thePintby Sterling , asofold, and that thefe be the univerfal Meafures , Seeitaf- ter, James Sexth, Pari. 22. It is dated .F1bruarj, 161 8. A new Commiffion for adjufiing A/eafurcs , and Weights,and reducing them to an uniformity , and that Linlithgow A/eafure be the Univerlal A/eafure, Car. 2. p. r. Seff. i.e. 38. That the Coal Afeafure for payment of Cuftom, and Bullion , be the Chalder of Culrojs.dx. 2. p. i.Sefl's.c. 17. That the foot Meafure be of Twelve of thefe Inches , whereof the Ell contains thirtie feven, and that the Standart of it be made and keept by Edinburgh, and that all Wrights, Glafiers, Mafons, and other Work- men work" by this Meafure allanerly, Ibid. c. IS. G i MILT-