Page:The Laws and Acts of Parliament of Scotland.djvu/832

3® iu4h Abridgement of the NULLITY. That all Nullities be received by way of exception or reply, and that all Wilis, orthingsnulloftheLaw, be declared foby way of exception, or reply, in the fame infhnce , allowingalwayesfuchtimetocall Warrands, as if the Nullity had been perfewed by way of Aftion, Q. M. p. 6. c. 42. o OBLIVION, See Indemnity. Aft of Oblivion, Q, Mp.9.c 67. General Aft of Oblivion, containing (everal Exceptions, Car. 2. par. i/Sefl.2. cap. 10. OYYIClhKS, See Judges. OFFICIARS of A R M S, See Mef- fingers. OFFICIARS of the CROWN. Ordinary Officiars of the Crown reckoned,the Thefaurer,Secrerary, Colle&or,the! Jufticejultice Clerk,Advocar,Mafter of Requefts ,Regifter,Direftor of the Chan- cejllary, and Director oftheRols, la. 6. p. n.c.31. The Act is the Kings "Re- vocation, fromwbich their fees , and penfons are excepted. ORCHYEARDS. Breaking of OrchyeardsapointofDittay, la. i.p.2.c. 33, See it in Thrift, and the Afts there following. PLANTING of ORCHYEARDS, See Planting. ORDINATION. That none prefume to ordain Minifters , butfuchas are authorized thereto by I.aw,and that none take Ordination from any other.declaring all Ordinations fince theyear 1661 , or hereafter, orherwilemadetobenull, ana the perfons ordained to be no Minifters , and that both the pretended Ordainers, and ordained, be feafed by the ordinary A/agiftrats ,and prefented to the Council,who are impowered to pu- nifhthem, by Confifcation, fianiitament , or perpetual Imprifonmeni, unlefs ie- leafed by warrand under his Majeftles hand, Car. 2. p. 2. Seff. 3.C. 9. ORKNET, and ZETLAND. Orkney, and Zetland annexed to the CrowmCar. 2. p.2.Seffi i.cap.ij, Seeitih 'Annexation. OATH. The Oath that the Confetvaror fliould tequire of all .Merchants and Sklppets , Ja. £.p. 15. c. 257. See it in Confe rvat or. Oaths of Minors dilcharged. Car. 2. p. 3- c. 19. See it in Minors. OATH of Allegiance, and Subfcription to the Prerogative , That all Officiars of State, Members of Privy Council , Seffion , or Exchequer Juftice General , Admiral , Sheriffs, Commiflaries, and their Deputes, and Clerks, andallMagiftrats, andCouncilsof iiurghs , fliall at their Admiffion to their Offices, and before they exerce the fame, take, andfwear, the Oath of Allegiance, and alfoaflert under their hand, his Ma jellies Prerogative, in man- ner fet down in the Aft, as alfo that all Perfons required by the Privy Council, or any having power from them, fhall be oblidged to fwearthe faid Oath, certify- ing that who rcfufes the faid Oath, fliallnotonly be incapable of publick Truft , but alfo looked upon as difaffefted to his Majelhes Government , and fuch as fliall refufeto aflert the Prerogative, fliall from thence forth be uncapable of publick Truft, Car. 2. p. 1 . Self. 1 . c. 1 1 . Kow the Oath of Allegiance is to be adminiftrat to, and taken by Members of rliament, See Car. 2.p. i.Self. 1. cap. 1. in Parliament. Pa OVER-LORD, See Superior. OXEN, SeeHorfe. ACKING, and P E I L I N G , See Burghs. PAINS, and Penal Statuts. That pecunial pains be taken up in Gold, and Silver, at the avail of the money when the Afts were made, or els augmented in the money now current, and fo ©f Compofitions, la. 6. p. n. cap. 7c. _ That the Lords of Seffion , grant no fufpenfion upon unlawes of liquid fums c-nargedforbytheThefaurer, without Confignation , or good Soverty, lam 6 p. 1 2. cap. 126. The pains of Law-burrows, notreporting ofLetters to the Juftice Clerk, and not compearance before the Juftice after Soverty found, for Earl, or Lord, Two Theufaud pounds , great Barron , a Thowfand pounds , Freeholder , a Thoufmd merks, a Fewer Five Huudred merks, a Gentleman un-landed. Two hundred merks, a Yeoman a Hundred merks, each Peifon Summoned on an Affile be- lli fore the Jaftices , <An Hundred merks , and for each Perfon Arretted and not compearand the firft Juftice Air , Twentie pounds, Jam. 6. p. 13. cap. 166. That all Pecunial pains , and unlawes , contained in the Laws of the Realm , be- fore the firft of March , 1542. be augmented ten fold, that is an fliiiling, or pound, to ten (hillings , orten pounds, andlbfonh,Ia. 6, p. 15. c. 267. Pardon of penal ftatutes for bygones, lam 6. p. 21. cap. 9. ^Anno 1612. the like la. 6. p. 23. c. 23. the like Car. 1. p. i.eap. 27. the like Car. 2. p. 1. Sell! 1. cap. 27. and the like Car. 2. p. i.Seff. 3-cap. 29. moftofthofe Afts contain a few Excep- tions of certain Crimes. P A P I S T , See tMefs , and Religion. That all fufpect to be Papifts be wairned by the Bifhop , and Minifters , to recant and give Confeflion of their Faith , according to the approved form, under the painof Excomunication. And if rhey failzie , that they be Excomunicat, that a Roll be made , and Printed, of the Perfons obltinat, or relapfe, who fliall be infamous, and incapable tofit, cr itand in Judgement , petfew , or bear Office, or to be witnefs , or Affiffours , againftthefeofthe true Religion: neither can they" make Deputes, nor grant Procurations, and an Exception being hereupon pro- poned , and verified , by the faid Roll , if repelled , and Inftmments thereon taken , fhall be an fufficient ground of Sufpenfion, Jam. 6. p. 3. c. 45. That none ule Supeiftitious , Papiftical rites, Iam.tf. par. 7. cap. 104. .See it in Pilgrimages, Papifts required by Presby tries to fatisfie the Kirk , and not compearand , or re- fufand, fliould be charged to produce the Presbyteries Teftimonial, by the Privy Council, and in cafe of failzie denounced, whereby their efcheat,; both fimple. and Life-rent vaicks , and who thereafter refets them, incurr the fame pain, and the Presbyterie, or any Miniftcr thereof negligent , tipes the half of his Stipend, fox that year, lam. 6. p. 14. c. 194. That Papifts be prefented , that they may be profecut according to Law, and that Children under Fopifli Parents, Tutors, or Curators, be taken from them, and committed to the Education offome well afteftcd, and Religious Friend, at the fight , and be the order of the Privy Council, Car. 2. par: 1. Sett 1: cap, s. PARENTS. That what Sone, or Daughter, above the age of Sexreen years , not being df- ftrafted, fliall beat, or curfe Father, or Mother, fliall be put to death, without Mercie. And if they be under Sexteen , but paft pupillarity, that they be puniflred at the Judges arbitrement, Car. 2. p. 1. Seff: 1 . cap. 20, P A R I C I D E. Who flayes his Father, or Mother, Gudfhir, orGuddame, He, and all his pofterity , fliall m imea riSa be difheriflied from their Heretages for ever, and the next Collateral , fliall fucceed therein, la. 6. p. 14. c. 220. PARKS. See ForreJIs. The Priviledges of the Kings Parks , See lam. 6. pas. 14. tap. 210 PAR LI AM EN T. That Breakers of Afts of Parliament, bepunifhed as they ordain, Jam.i.p.^ That all Prelats, Earls, Barrens, and Free-holders , feeing they are holdenso give prefencem Parliaments, and General Councils, from thenceforth i compeaj in Perfon, andnot by a Procurator, unlefs the Procurator alledge a lawful caule of abfence,lam. 1. p: 3. c. 52. That the Afts of this, and the two preceedmg Parliaments, be Reeiftrat and Extrafts given to the Sheriffs, whoaretopublifti them, and alfo to give Ex'trafts to Prelats, Matrons, and Burrows, on the Demanders expences, under pain of Z)eprivation,Iam.i.p.3.cap. 67. ThatSheriffs, Commiffioners of Borrows and Barrens, get Coppiesofthe Afts of Parliament , and gar proclaim them < and the King is prayed to be diligent to Execut them, Jam.2. parf 14.Cap.S9. That the Clerk Regiftercaufe Imprint fuch Afts of Parliament as concern the Common wealth , and that he chute the Printer, providing the faid Printer have alfo the Kines Licence , and that none unlicenced prefume to Print them , for Sex years un- der the pain of Confifcation of the Books, la. s . p. 7 . c . 1 27. That the Afts of Parliament be Imprinted, lam. 6. p. 1. cap. 32. theAft relates to this Parliament only. Y r uicaw leiates That the Laws of %i» Majefiatem , and other Laws be Imprinted by the then Clerk Regifter 6kcne, i a m: 6: p: 19. the 3 1 ©f the imprinted Afts . TheoldunlawofunexcufedabfencefromtheParliament, Tenpounis, Iam r„ inthernlesotthePatliaments^andS. F That all to be chofen in any Parliament hereafter , for deciding of caufes, and comp hints, fwear to doe the fame faithfully, and lawfully, according to their skill,lam.' i:p:6: cap: 83. ° Small Barrens or Free-holders , need not come to Parliaments, or general Councils, but of each Shire there may befent two, ormore, as it fs of larg- nefs, om-nn e CUckma,man, zndKinrofs, (of eitherof which ane) chofenatthe head Court and thefe Commiffioners, fliall chufe an wife man , to be the common Speaker of the Parliament, to propone all needs, and caufes, pertaining to the Commons. Andthir Commiftioners fliall have power of the reft,under the Sheriffs Seal, and the Seal of diverfe Batrons, to hear, treat, and finally determine 5 all Caufes proponed in Council , or Parliament, and fliall have collage off their Con- Itituents, and their Rents, each pounds another fellow, all. Bifliops, Abbots, Priors, Dukes, Earls, Lords of Parliament, and Banrents, which the King will nave lummoned by his fpecial precept , (here the Afts ftops imperfeftly , but I think it wants the words are excepted,) Iam. i.p. 7.C. 101. That no Free-holder, holding under Twenty pounds , be conftrained to come to Parliament , or general Council as to prefence, unlefs he be a Barron, or fpe- cially wairned by writ, Iam. 2. p. 14. cap. 75. That no Free-holder within an hundred merks, of the extent that now is be compelled to come Perfonally to Parliament , if he fend his Procurator for him, unlefs he be fpecially called by the Kings writ, but all above this extent fliould come, Iam. 4. p. 6. c. 78. ^Anno 1503. r A u _ Ratlf y in g the Aft > !a - 1. p- «. c. 101. (above) about the Commiffioners of fmalf Barrons , to have vote in Parliament , ordaining them to be Elefted yearly, by the Free- holders, (which by the preface of the Aftihould be under the degree of Lords of Parliament , having a fourty fhillwg Land , and Aftually refiding within the Shire) at the firft head Court , after Michaelmefs , or when the faid Free- holders pleafe , or the King fliall requiterhem. And that their Names benotified 1 or ^° mrm(n ° ners of the preceedmg year, to the Direftor of the Chancellarie.to the effeft they may be wairned by precepts to Parliaments , or general Conven- tions, as the other Eftates, that the Free-holders be Taxed , and Charged for the expences of their Commiffioners , and that they having Commiffions fealed, and fubfenbedbyftx at leaft, of the Barrons , and Free-holders, fliall be equal in number with the Burrows , upon the Articles, and have vote in Parliament, and his