Page:The Laws and Acts of Parliament of Scotland.djvu/833

A£ls of Parliament, &c. bis Majefties miflivefnall be direft tocertain of them, before Parliaments, as to the burrows , and that Letters be direft yearly by the Lords of Seflion, at the in- ftance of the CommilTioners , for conveening and taxing the Free-holders for their expences. Jam. 6. p. n. cap. 113. That tfTefe CommilTioners be not admitted , unlets they bring fufficient Com- millions granted to them, in a full Convention of the Barrons of the Shire, fub- icribed by a great number of the Barrons prefent , and by the Clerk of the Conven- tion . and the Clerk Regifter is difcharged to receive any CommilTion not indue form. Ja. 6- p. 1 s.c. 272. Aft for clearing Eleftions from Shires, that befidefuchas hold a Fourtie (hil- ling Land of the King m capitc , all Heretors, Life-renters, and Wodfetters, holding of the King , and others who held formerly of Biihopi, (the Biihops were not at this time reftored) and Abbots, and now hold of the King, having yearly ten Chalder of Fiftual, otan Thoufand founds, (Few-dewries deduced )lhall be,and are capable,to eleft, &be elefted,to Fadiaments,Noble-men, 8c their Vafiels ex- cepted. That every fuchCommiflionets hive five pounds, fer die ^including the firft &laft dayes of the Parliament.and eight dayes for coming, and as many for going, from, and ro the fartheft Shires of Caithness , and Sutherland, and proportionally at nearer diftance, and that the whole Free-holders, Heretots, and Life-renters, holding of the King, or Prince, bearthefaid burden, excepting Noble-men, and their Vaffals, and that upon an Atteftarion under the Clerk Regifters hand of the dayes of the Farliamenr, this allowance be raifed as the Excile, by Horning, Poinding, and Quartering,that the (aids CommilTioners be in like manner releived, and payed of the prices of the Foot-mantels , the Foot-mantels being made fotth coming to the Shire, at the riling of the Parliament, Car. 2. p. i.Seif r. cap. 3 5. Aft concerning the Election of CommilTioners for Shires to Parliaments, or Conventions, declaring fuch only capable , to vote, and eleft, who have in pro- perty, orfupetiority , and are in pofleflion of a Fourtie IbiBiiigs'Liad of old extent, holcien of the King , or Prince, or where the extent appears not, then Lands worth Four Hundred founds of valued Rent, whether Kirk-lands, or others holden of hisMajefty , as King or Prince, and alio clearly determining all other queftions, who have right to vote , and who not, and how the Rols of the Free- holders lhould be made , theraeetingspioceed, and objeftionsbc proponed, and dilcufled, that all Heretors, Life-renters, and Wodfetters , within each Shire, contribut to the Commiflioners Charges , and Foot- mantels, according to their Valuations, except Vaflalsof Noble-men, or Biihops, orLands-holden Burgage, Car. 2. p. 3. cap. 21. That no man inrerpretthe Kings Statutes otherwife then they bear, and to the intent as the maker underftood them , under the pain tobepunifliedat the Kings trill, lam. 1. p. 7. cap. 10S. The manner of Arrayments for the Parliament , and for fore-Speakers for the coft that fpeak for meed, and that each Burgh where the Parliaments fits, make Seiges for rheir filing, under rhe pain of Ten poM^j, Jam. 2. p. 11. cap. 47. Rati- fied, and that the King make the Paterns of rhe faid Atrayments, Jam. 2. par. 14. cap. 68. See -Apparel. Parliaments needs not be continued from day to diy, but continue of themfelvs, ay and while they be difiblved by the King, lam. 3 . p. 5 . cap . 3 9. The Frce-tennents of the principality , give lute , and prefence , in Parlia- ments, ay and while the King have a Son , and the Prince be bom, Jam. 4. p, 2. cap. 16. Act annulling all Acts of Parliament already made contrary to Gods word, la. 6. p. 1. cap. 3. That the Proclamation of rhe Aftsof Parliament at the Mercat-croce of Edin- burgh , be fufficient Publication to all the Lieges , who are declared to be aftrifted to the obedience of the faids Acts, fourtie dayes after the faid Publication , lam. 6. par. 7. cap. 1 21 . That none impugn the Dignity andAuthority of the three Eftates of Parliament, or feek to procure the innovation or diminution of the Power and Aurhoriry of the lame three Eftates, or any of them, under the pain of Treafon, lam, 6. par. S. cap. 130. That no perfon take upon him the place of more of the Eftates of Parliament then one, to wit, that wherein he profefles himfelf to live, and whereof he takes hisftile, la. 6 p. 11c. 33. The un-lawof abfents from the Parliament, not excufed by the Lords of the Articles, ef the Earl three hundred pounds, of the Lord two hundred pounds, of the Viehz an hundred pounds, and of every Burgh an hundred merks ; and that he who rides not be repute abfent , and that Letters be hereupon directed , Ibid. cap. 34. Ratified, andthe un-lawof abfencefora fommiffioner of Barons ordained to be an hundred pounds, and that noexcufe be admitted, except attefted by his Ma- jeftyorhisCommiffioner, orintheirabfencebyrhe Lord Chancellor and Coun- cil, and the Cettificat judicially produced the firft day of the Parliament. That any Lordof Parliamentfoexcuted, may give his power to anothet of the fame itate, who (hall be admitted to reafon and vote for him, la. 6. p. 22. c. 7. Heraulds, Maifiers, or Trumptttcrs abfent ftom the Parliament, or prefent and not doing duty, tine a years Fee for the fiift fault, and for the fecond may be de- prived, la. 6. p. 11. c. 35. That each State wear the Apparel to be appointed by the King, undet the pam of two hundred pounds, and to be debarred torch of the Parliament, ibid, c. 38. That the number of the Lords of Articles be equal in each State, and the feweft of each State fix, and the molt ten, ft/4: cr 37. That all perfons accufed for Treafon or other Crimes, may have their Advocats, who may freely plead for them, annulling all Acts in the contrary, ibid.c: 38. Decifions in Parliament upon Cognition of the Caufe, may not be called in que- fhonby any Inferiour Judge, ibid. c. 39. That the above-written Order of Psrliamentbe inviolably obferved.and the King ptomifes to do nothing diieftly no: indireftly in prejudice of free voting and rea- loning thetein, ibid: c: 40. That there be no quarrel not trouble made in Parliament for Frioritv of place, otherwife then by Supplication, and that all content themfelves with the direction of his Highnefs and the Eftates, under the pain of being punifhed by the King and the Lords of the Articles, as difturbersof the peace, ibid. c. 41. That no Ratification be paft in Parliament upon fimple Arricles of Parties , but that the matter be firft palled by Infeftment upon compofition payed to theThe- faurer, ibid.c.ji. And that any fuch Ratification paft, be not booked without a Cettificat that the Thefauter is (atisfied,and that otherwife the famine be null.- And that Ratifications of particular Rights in this Parliament prejudge not the Rights of others, la. 6. p. r2.c. 130. The like Aft Salvo as to Ratifications and other Acts in favours of particular perfons, whereunto others were not called, la. 6- p. 14. c. 21s. p. 21. c. n. p. 22. c23andp.-23.c33. • Toftrike, hurt, or flay any perfon in the Parliament-houfe during the holding thereof, isTreafon, la. 6. p:i3:c:i73. Thac when lhe Parliament is proclaimed, four of each State be appointed to meet twenty dayes before the fitting thereof, to receive all manner of Articles and Supplications concerning genetal Laws, or particular Parties, which are to be delivered to the Clerk Regifter, and by him prefented to the faidsperfons of the, Eftates, thatthey may may reject what is frivolous and improper, and prelent things reafonable formally in a Book to the Lords of the Articles; and that no Article or Supplication wanting a Title, 01 unfubferibed, be read or anfweied. Referving to the King to propone Articles at all timesconcerning himfelf, 01 the Common-wealth, la.«. p. 14.C218. K&SalvoJure, declaring that noprivat Act paft in that Patliament thall pre- judge hisMajefty as to the Aftsof Revocation anent the Superiorities of Erecti- ons, anent Regalities of Erections, and anent his Majefties annexed Property, nor yet any othetthitd party of their lawful Rights and Defences, but the Parties are to be judged according to the right ftanding in their Perfons, before the making of the faids particular Acts. And this is declared to be the true meaning of all Acts Salvojure. There are foine exceptions made in this Act, Car.i.p r.c.sr. That the LordChancellor tor the time, or in his abfence he who fhall be nominal by the King hath right to Pretide in all Parliaments, and other Publick Judicato- ries where they fhall happen to be prefenr ; and that at the firft down- fitting of Par- liament they ad miniftrat to all its Members the Oath of Allegiance, and Oath of Parliament, as 111 the Aft: And all Afts as to the Prefident, or Oarh of Parliament contrary hereunto, are Refcinded, Car: 2: p: 1 : Sell: 1: c. 1 . . The Parliaments and Committes after the Engagements 64S. Refcinded, Car. 2. p. 1. Sell i.e. 9. The Parliaments, 1640, 3641, 44, 41, 46, 47, and 48. Refcinded, ibid, c- 15. SeeHefiiJfory, Aft Salvo Jure, lbid,C3f.63. The like, ibid. Self: 2: c: r r. The like Act, butex- cepting the Ratification of the Duke and Dutches of Buccleuch, rheit Contr . ' 1 Marriage paft in that Seflion of Patliament, Ibid. Sefl^.c. 30. The like, Car. 2. p. 2. Sell i.e. 21. Thelike, Jfci'rf: Seff: z: c:io. The like, ibid. Self: 3: c: 23, .J the like, excepting from it the twenty fourth Aft of this Patliament concerning publickDebts, Car. 2.p, 3. c. 28. Act concerning the election and conftitution of tlie Lords of rhe Articles, where the Clergy choole eight of the Nobility, the Nobility eight of the Clergy, and thete tixteen elected, or fuch of them as prefent, eight Barons, and eight Bur- gefles, towhombisMajeftiesCommiflionei ads the Officets of State, and t ie Lord Chancellor to Pretide : Which Lords of Articles are to prepare Laws, fts, and Overtures, and order all things remitted to them bv the iarliament, Ca,. 2. p. 1. Self. 3.c. 1. Act difcharging voting byBillets, Cat. 2. p. 1. Sell 3. TheAftis, ^iS T{e- fcinding two ^ills,&cc. placed after the Index of unprinted h(Xs,$Seftember 1 663. PASSE. That no man break the Kings fafe Conduct, under the pain of death, la. 3. p. 1 2. cap. 88. PASSING FORTH OF THE. REALM. That Cletks or Laicks parting forth of the Realm, make their Exchange of mo- nev with Exchangets within the Countrey, and that Clerks ligmne this and their going to the Chancellor, and Laicks to the Chamberlain, under the pain or twen- ty pounds to the King, la. 1. p. 6. c. 84. That no man Spiritual or Temporal pafs forth of the Realm without licence , or being abroad, do any thing againlt their licence : And that they have out no mo- ney, under the pain of Prolcnption and Rebellion , and to be demeaned as Trai- tors. The Act proceeds upon a Treface of abules committed at the Court of ioMe, la. 4. p. S.C. 53- Thatperfonsgoingoutofthe Kingdom for farther knowledge of Letters, have the Kings licence, and in what terms. Seela,6. p.6.c.7i. In Heligion. Afts a- nent the Youth going abroad. See it in Touth. PATRON. That Patrons prefent a qualified perfoii within fix moneths after they have know- edge of the Vacancy to the Superiurendenr, orCommiflior.erof rheKirk, oiher- wife the Kirk may difpone upon the Benefice, incale the Patron and Superinten- dent differ, the Appeal to be made to the Superintendent, and Miniflers 01 ihat Province, and from them to the General Allembly, who decide finally in tne matter, la. 6. p. i.e. 7. That Patrons of Provoftries, rrebendaries, Alrerages, and Chaplainries may prelent the fame to Burfarsin Colledges at their pleatures, and rhey are requettcd todothefame, la. 6. p. i.e. 12. Amply Ratified, and the King with advice of the Eftates expref.y declares , that it was never his mind to prejudge the faids Patrons, as to the laius Benefices, but that the Burfars and Titulars theteto provided, may fully and freely bruik the fame, conform ro the old Foundations, notwichftanding any application made thereof the time of Popery, or any dilpofition made thereon by Ins Majefty , la. 6. p. 12. c. 158. .Both Ratified : And it is farther declared, rhat the entty of the Vaffals of the faids Benefices ihall belong to the faids Patrons, as Superiors, in place of the Titulars, without neceflity of rhe Titulars or any others content; referving alwayes to the Titulars the Fiuits and Profitcs of rhe faid Benefices: And where Burghs and their Magiftrats were before Patrons, they are now alfo declared to be Superiors, Car. 2. p. 1. Self i.e. 54. That Laick Patrons have right to the Fruits of their Benefices vatking, infinuat by Aft la. 6. p. 8.c 137. p. 12. c. 114. and p. 13. c 172. Laick Patrons Infeftm the right of Patronage cannot be hurt by any longpoflef- fion of any Ecclefiaftick Peifon geting the pofleflion, and ptetending right to the Benefice while the Lands were Wodfet : Bur the Laickl'atron redeeming, returns to his right of Tielcntation, Ia.S.p. ii.c.61. Afentenceof deprivation being intimat to the Patron, he muft prefent within fix moneths, otherwife his right tor that time devolves to the Presbytery, la. 6. p. 12. cap. us. All lnfeftmenrs granted, 01 to be granted by hisMajefty, containing the Gift of any Patronage which pertained before ro him, and whereof rhe Titular is alive, and not contenting to the Gift, the famine is declared null by way of exception or reply, as to the faid Patronage, unlets the Beneficed Perfons confent Ihall be there- after obtained, la. 6. p. 13. c. 172. No Beneficed man under a Prelate may let longet Tacks of Teinds, or orhers belonging ro his Benefice, without confent of the Patron, then for the fpace of three years, la. 6. p. 14. c. 200. See Benefice. Apetton being provided by the King or his Donator to a Benefice, at his Majettiesprefentation, by reafon of the fotefauitour of the Patron; and the per- fon prefented having obtained Letters conform, and being in peaceable poflefli- on, his Righr and Title ftand good, notwithftanding of the reftitution of the Pa- tron fotcfaulted, or the reduction of his forefaultour, but prejudice to the Patron of his right upon the next vacation, la. 6. p. 20. c 1 2. That Patrons may lawfully rake Tacks, or Conditions of Tacks , from Intranrs> withRefervationtothe Kirk of a (ufficient maintenance, Jam. 6. p. 21. cap. 1. (See Simonie) and rhe fame is again declared without prejudice of the Miniflers main- tenance modified , otto be modified, Car- 2.p.i.SeiT. i.cap.9. TheAftis, *AEt Approving the Engagement, 1648. &c. Laick Patronagespertaining to fubjects before the year 1561 , fall within the Compafs of the general Submiflion, and his Majefties Determination thereon, in fo far as concerns a competent maintenance to the Miniller: the Tetnds of other mens Lands, and his Majefties Annuity, and the remanent Teinds thereof, per- rain to laick Patrons, in price, or rare, inallcales where they were in poflellion, thereof, feven years within the fifteen years , immediatly preceeding the faid Submiflion; But there is a reference made to his Majefly of differences where the Titular, or Minifter were in poflellion of the Benefice tor the faid fpace, Car. r. par. I. cap. 19. The Aft is the Commiffion for Valuation of Teinds, 8cc. Thattherefcindingof the Aft, 1649. which did abolifh Patronages, and gave the Patrons right to the Teinds in place thereof , Doeth not give the prefent Incum- H 3 tents