Page:The Laws and Acts of Parliament of Scotland.djvu/830

x8 An (^Abridgement of the] MILITIA, Stt Hojl , and Weapon-jhawing. Humble offer to his Majefty of Twenty Thoufand Foot, and Two Thoufand Horfes, Armed, and furniflied with Fourty dayes provifion , proportioned upon the Shircs,as in the Aft.to be in readinefs as they (hall be called for,by his Majefty , to march to any part of his Dominions,againft Fomign Invafion, or Inteftine lnfur- reftion,{or for any other Service wheicin his A/ajefties Honour, Authonty,or Great. nefs, may be concerned, intreating his A/ajcfty to nomiuat the Ofnciars, to Rute-mafters inclufivi , and to give direftion to the Council for the reft whom the Parliament Impowers for the Ordering, and managingof this whole Affair, un- der his Majefty and the Parliament declares, that if his Majefty have farther ufe, this Kingdom will be all ready, betwixt Sextyand Sexteen , to hazard Lives, and Fortunes, at his Majefties call;, for prefervation of his Pcrfon, and Authority , Car. 2. p. r. Self. 3. cap. z6. Aft Ratifying the Conftttudon and Model of the Militia, as eftablifhed by the King , and Council , on the gtound of the forefaid Aft , particularly their appoint- ing dayes of Rendezvous, allowance to Foot, and Horle-men , thefaids dayes, and the whole Afts, and proceedings reliting thereto, and Sex (killings for each l ; oot-man, and Eighteen/billings , for each Horfe-man, is Ordained for every day nf the Rendezvous, as alio the appointment otCommiflars of the Militia, is ap- proven , and feveral Powers are committed to them , and the order of poinding for t-eficiency is particularly regulat , and the Lords of Privy Council , are Impowered to appoint dayes of Rendezvous, and to give all orders requifite, for the full efta- bliflungof the Militia, Car. 2. p. 2. Self r.c.2. That all Petfons enrolled, and imployed in the Militia , be thereto intirelie re- ferved and exempt from other levies, during that fervice, that the Officiars be well affefted to Religion , and the Government of the Church as now eftabliihed, and that they, and all the Souldiers take the Oath of Allegiance, under the pain oflmprifonment, andBanifliment, that the Officiars attend punctually, and none of themdefett, ordimit, without a caufefirft allowed by the Council, undet the pains contained in the Aft, under which they are alfo oblidged to accept their Charges when named thereto, as alfo they are to be fined as in the Aft,for abfence from Rendezvous , and the Sues of abfence , and deficiency , here , and formerly appointed , are ordained to be doubled in time of War, rhatthe Militiamen be fuch as refide within the bounds , and neither defert, nor yet be changed but as in the Aft, that the Leader of every Horfe, uphold him and his Furniture for feven years, and then that anew Horfe be provided by him, and his fraftions, at the rate of Tea pounds Sterling , that Betide the dayes of Rendezvous already ap- pointed, aha tobeobfervea in time of Peace, in the time of War there be two Rendezvous of the Regiments of Foot, two dayes each Rendezvous, and four dayes of Rendezvous of the Companies , with an exception of ^Argile , Bute , and Dumbartanc Shires , becaufe of their diftance , and all former orders about the Militia, areapproven, except infofar as by this Afttheyareinnovat, Car. 2. p.2- Self. 3. cap. 1. MILNES, andMulters. ThatnoMulters be taken ofFlour , coming forth of other Lands, to Seaports, or coming to Mercats, la. 4. p, 4- cap. 44. That Breakers of Milnes, be puntfhed to the death , as Theivs, lam. 6, p. n. cap. 82. MINES, of Gold, and Silver, Mines of Gold and Silver, belong to the King , if three half pennies of Silver may be fined out of the pound of Lead, lam. i.p.i. cap. 12. MINISTERS, and Readers , See Kirks, and ^JManfes. That the thirds of all Benefices be payed to the Minifters , and they being payed of their ftipends out thereof, the fuperplus to be applied to the Kings ufe, Jam. 6. p. 1. cap. Jo. See Thirds of Benefices. That all Benefices not exceeding three hundred merks of yearly Rent, be dif. poned toqualified Minifters, lam. 6. p. 3. cap. 52. That Minifters fliould fubfcribe the Confeflion of Faith, lam. 6. par. 3. cap. 46. See it in Confcffion of Faith, Thatevery Paroch, or bounds competent to be a Paroch, have their own Mini- fter, with a fufficient Stipend as the place may bear, and that Kirks annexed to Prelacies, be provided of Minifters with competent livings, lam. 6. p. 7.C. roo. See Dilapidation. That all Benefices of Cure, under Prelacies , be prefented by the King, and laick Patrons, in favours of able Minifters, andallGifts, otherwife made, are declared null, Ibid. cap. 102. Arid all Gifts, and Difpofitions thereof , fince his Highnefs Coronation, not madetoPerfonsin the function of rhe Miniftry, are declared null, from the beginning, excepting Benefices difponed to Lotdsof Sellion, and which are laick Patronages, they being provided to qualified Perfons . conform to the Aft of Parliament thereanent, (which appears to be, lam. 6. p. n. c.32, here fubjoyned) lam. 6.p. iz. c. 121. That all Minifters, or Others having Benefices under Prelacies, fufpeftcd cul- pable of Hetefie, Papiftrie, EroneousDoftrine, common Blafphemie , Forni- cation, common Drinkennefs , nonerefidence, (that is to fay not refiding within the Paroch, butabfenttherefra, and from the Kirk , and his Office , for four Sab- baths in the year , without leave of his Ordinary ) Plurality of Benefices having cure, Simonie, and Delapidation, being found guilty by the Bifliop of the Diocy,or the Kings Commiflioners in Ecclefiaftick Caufes , fhall be deprived , from both Office, and Benefice, that in the cafe of Plurality of Benefices, the accepta- tion of the laft, be fufficient caufe of Deprivation from the remanent, and a Minifter being convift of a Capital Crime, and therefore alfo orderly deprived, his Benefice vaiks, la. 6-p. 8. c.132. (See CapitatCrimesmCrimes ) and thir Caufes of Deprivarion, areextended to Perfons provided afwell to Frelacies, as to Inferior Benefices, lam. 6. p. 1 i.cap. 28. But the claufe of nonerefidence, comprehends notMembersof Council, Members of Seflion, or Perfons abfent by his Highnefs Licence, on his neceflary fervice , nor is the Aft to be extended to Benefices of laick Patronage provided before the Aft , only all thir Perfons are aftrifted to fuftain qualified Minifters at their Kirks, but he that receives any Benefice, on condition to ferve and refide , is declared to be fubjeft to the laid Aft, lam. 6. p. 11. cap. 32. That all Minifters waif faithfully on their Charges, and thatnone of them ac- cept, or ufe any place of Judicatory, Civil, or Criminal, or be Clerks, or No- tirs. (except in making of Teftaments,) under the pain of Deprivation, f torn both Office, and Benefice, la. 6. p. s.cap. 133. That Benefices under Prelacies, whereunto Readers or Minifters actually ferving are provided , be free of the firft years Fruits, and of the Fifth pennie, Jam. 6. p. 1 i.cap. z6. They who invades, or puts violent hands in any Afinifter, (hall be puniihed by Tinfel of moveables, for the violence allanerly, the one half to the King, the other to the Farty offended, and that Letters be thereon direft,at the inftauce of the Afini- fter, the King, ot Kirks Advocat, or any Other retfon. Jam. 5. par. 11. c. 27. Ratified, and extended againft all who invade, or put violent hands, or offer violence to ATmiftas,by themfelvcs,their men,Tcnnents,oi Servants, or any other of their hunding out, reallowance, for whatfoever caufe; Or (iclfketo Arch- bilhops . Biihdps , and Minifters whatfoever , having lawful warf and to preach, and Minifter the Sacraments, and that Land-lords, Heretors, and Cheif of Clanns, where the Invaders dwell, or haunt, beholden upon complaint of the Party, to exhibit them, and if after legal Intimation made to thefaids Land-lotds, Sec. The faids Delinquents be found within their bounds , haunting openly for ten dayes, that they beholden as Connivers, and oblidged to exhibit them, under the like punifliment, Car. 1. par. 1. cap. 7, and both thefe Aits Ratified, Car. 2. p. 2. Self i.cap. ;. All Farfons , and Vicars , provided fince King James the Sexth his Cotonation, and not having vote in Parliament, Council, and Sellion, deprived by the Kirk ah Officio, arefecluded, alfo a Bmcfiao and the famen vaiks, but prejudice of Tacks lawfully fet by them of before, la. 6. p. 12. c. 115. That Minifters, andReadcrs, paynoTeindsfortheirGleibs.Jam.e. p. t cap. 62. SeeCleibs. J r - " That there Stipends be free from all Tacks, Penfions, Taxations, orlmpofiti- ons whatfoever, notwithftanding of any Gift, or Difpolition in the contrary, la.tf. p. 13. cap. 162. That all Gifts', and Provifions made to Minifters ferving the Cure of Parfonages, and Vicarages, and Kirks thereof, betothcmvalide, and fufficient Titles ; not- withftanding of any Aft or Conftitution in the contrary, but prejudice to the rights of privat Parties , and of the Queens Kirks of Dumfermling, Ibid. cap 163. And it is declared, tbntany Aft of Parliament made hereafter, in favours of any particular Perfon, in prejudice of Minifters provifions, ihall benull, except the Minifters be called, and the fame redu'eedin haillor in parr before the Jud»e Ordinary, Ibid. cap. r 65. n That all Minifters at the receiving of their Affignations , give up a true and par- ticular accompt , how much they have of the Temporality difponed to them, Ja. 6. p. 1 5. cap. 244. That Minifters at their Admiffion , fwear theOath of allegiance , and obedience to their Ordinary, in all things lawful, Jam. 6. p. zi.cap. 1. A Minifter abfent without juft Caufe from the BiihopsVifitaiion, or Diocefian Aflembly, may be fufpended , and if he amend not, deprived, Ibid. cap. 1. AH Minifters enrering in, or fince the year, 1649. At which time Patronagts were uujufily abolilhed, are declared to have no right to Benefice, Stipend,Manfe, or Gleib for this year, 1 662. or hereafter, but their Kirks to be vacand, unlefs they be duly prefented and Collated betwixt and the 24. of September next, Car. 2. par. 1. Sen. 2.c. 3, Anno 1662. That Minifters keep and obfetve the Bilhops Vifitation and Diocefian Aflembly, and coricurr with the Biihop (as required) for the exercife of Difcipline , under, the pain of Sufpenfion for the firft, and Deprivation for the fecond fault from both. Office and Benefice, Car, 2. p. 1. Self. 2.C4. And both thefe Afts Ratified : And that Miniftets who continue in the exercife of their Miniftry in contempt thereof, be puniihed by the Privy Council as fediri- ousperfons, and contemners of the Royal Authority, ibid. Seff.s.c.i. Minifters poynding for their Stipends, need not carry the Goods to Mercat Crones, but may Comprifle them by honeft and fworn men on the Ground where the Goods are, Car. 2. p. r.Seffi 3.c. 21. Aft Ratifying two Proclamations of Council charging Heretors and others hi- ving reall intereft,to fecure the Ferfons.Families and Goods of their Minifters, ia their Houfes, and elfe-where within the Paroch, from all injuries and affronts, 01 otherwife if they prefent not the Aftors, that they be lyable for the Minifters repa- ration and intereft at the Councils fight: And that until his Majefty in his next Parliament give farther Orders therein : And but prejudice of former Aftsagainft Invaders of Minifters, Car. 2. p. 2. Self. i.e. 5. Aft ancnt Sufpenfions of Charges for Minifters Stipends.See in Sufpenfion. Ib.c.6. That fuch as fhall be found guilty in aflaulting the lives of Minifters, or robbing their Houfes, oraftually attempting the fame, be puniihed by death, andelcheat of moveables: And there is five hundred merks of reward appointed to the Difco- verer and feafer, or two hundred merks , ro the Difcoverer, and three htmdrti merks to the Apprehenderof the forefaid Criminals, to be payed out of his Ma- jefties Thefaury, Car. 2. p. 2. Self. 2. c. 4. MINORS. See Curators and Tutors. The priviledges of Minors, as to Compr'iiTmgs and Adjudications, See in thefe Titles, That no Oaths be exafted of Minors for Confirmation of any of their deeds.aod where they are exafted, that the Contraft be void, and the Exaftor infamous, and any perfon related to the Minor may obtain the Writ to be declared roid.Car. 2. p. j.c. 15. MOLESTATION. That all Aftionsof MoleftationconfiftingintheFofleflbr, be remitted to the Sheriff, Baillie, or other Iudge ordinary where the Lands ly, and that Letters of Cognition be direft to them at the inftance of Parties for that effeft. That the Judge ordinary proceed upon Precepts on fifteen dayes, and the Continuations to e from eight dayes to eight dayes, and no longer. And firft, that Defences be difcufied in the place of Judgement, and then the points to be proven by Witnef- fes robe put to the knowledge of a condign Inqueft, ofa fufficient number , rnofl part Landed men, having atleaft four Ploughs, or three hundred merks ye&tly ir- redeemable, and the reft fnbftantious Yeomen living in the Paroch where the Lands ly, or failzieing thereof, inthenextParoches; and the Inqueft may vilit the Ground, and take all other tryal, and ihall return their anfwer in face of Judge- ment, andincafeoferrour may be puniihed panatcmere jurantium fufer ^iffifa. If there be Reconvention in the cafe before Litifconteftation, the Judge fhall pro - ceed in both Aftions pari pajfu, and ihall remit the matters of Faft hinc inde to the knowledge of the Aflife, where the Caufes cannot be divided : And either half 06 the ASife to be taken of theperlbnsfummonedbyeitherParty, and the odd man to be chofen by Cavill. If the Judge ordinary be alledged fufpeft, or unable, af- ter calling the other Party, and cognition taken, the Lords fhall appoint unfufpeft; Judgesby their Aft, or under the Quarter Seal, whofliallmake faith, and have their recompence modified by the Lords, and payed before the giving out of their Decreet by the obtainer of the Commiflion, to be repayed by the other Party, if it be found cjuodtcmcrelitigavcrit: And where the Lands controverted ly in feve- ra! Jurifdiftions, the Lordsihall grant Commiflion as laid is. And this Aft is de- clared to be withont prejudice to the Members of the Colledge of Jufticato put- fue their Aftions as formerly, la: 6: p: 11: c: 42. MONEY. Stt Bullion, Gold, and Silver, and Tayment. That the King gar mend his money to the fame weight, and finenefs, as ia Englandj la. 1. p. i.e. 23. Thar no man have money out of the Realm, but he my fourty pennies per pound offuftome, under the pain oftinfel of the money, and an unlaw of tun founds to the King, Ia. 1 . £. 3 . c. 49. That none have out of Scotland Gold, Silver, or Jewels, Cuinzied or uncuin- zied, under the pain of efcheat. ]i. i.p. 13.C. 149. The one half to the King, the other to the Apprehender, Ja. 2. p. 8.C34- That