Page:The Laws and Acts of Parliament of Scotland.djvu/843

Alts of parliament, &c. ?erfeBarronies , who (hall Swear in Court the truth of the Summonds, Jam. i- par. 9 cap. H3- .. . TheordcrofSummonding Peifons, Continuations , and their fines, with the manner of putting the Ferfewer in Tofleflion of their Lands, andGudes, after three diets, and their recovery thereof , and if the Party be Condemned, that his .Lands, andGudes, be recognifced in the Kings hands, and if hehes none, then jhallhebe out-lawed, and put ro rhe Horn, lam. 2: p: 6. cap: 29. ( thefe are old forms. ) , . . • 1 Summonds Feremptourbefore the King and Council abridged to twentie one dayes, lam. 3. "p. r: cap. 6. In Summonds of Errour , the Members of Inqueft fliould appear Ferionally, be- caufeit may depend on their Infamies , and the Summonds proceeds, whether tlic Party called for his Interelt compear or not, and the Peripwer of this Sum- monds not infilling , payes the expences of the Party > and an unlaw oiFourty fril- ling*, and (bin other Summonds, lam: 4.- p: 3. cap. 3 J. 4'umraonds of recent fpuilzie , that it raifed within fifteen dayes after the committing of the fpuilzie, maybemadeon fifteen dayes, and no Dilator to be admired, if the Summonds be lawfully Indorfar, lam. 4. p. 6. c. 65. Summonds Priviledged, are recent fpuilzies , calling of Letters , redeeming ofLands, Aftsof Adjournal , Aftionsof Tinfe! againft Superiors, Reduftion of Inordinat Procefs before the Sheriffs , andBaillies, and retreating , andtransfer- ing, of Decreets, except Letters that concern Horning , which fliall have Procefs at all times, lam. s-p. scap.45. SeeSefdon. i( APerfon being Summond eight dayes before he go forth of the Realm , if it be not tXei-publice Caufa , the Procefs goes on againft him , as if he wen: not forth of the Realm, upon wairnings at his dwelling place , or if hehes none , or hes not left a Procurator , attheMercat-croce of the head Burgh of the Shire where he mod reforted of before,and this to have place in Civil Actions only, but not againft witnefies, Q. M.p.6cap. 32. See Executions. Aft and Letters of Continuation difcharged , and that in lieu thereof , all Sum- monds in ufe to have been continued , contain two diets , and be direfted to Shir- lefts, and MelTengers , rtfpeSive , and be Execut to the tuft diet, and after elap- iingofthedayesofthefirftCitation, to the fecond diet, in the fame manner, and with the fame effefts, as Summonds, Afts, and Letters were ufed formerly, Car. 2. p. 2. Self. 3. cap. 6. SUMPTUARIE Laws, Seet^Apparel. SUPERIOR. That Superiors charged by their Vaffals , upon foqrtie dayes, enter to their Superiorities, otherwtfe tine the fame, for that Vaflals lifetime , andmuft Affith his skaith , and the Vaffal is to be entered by the next Superior, Jam. 3 . p. 7 • cap. 58. . That the Mails , and Duties of Lands pertaining to Vaflals that have been year and day at the Horn , return again to the Superiors , for the Vaflals life-time , except in Crimes of Treafon, and lefe- Majefty , Jam. 5. par. 4. 41 tobeprefent, byhimfelf, or his fommiflioners , andno Aftto be valide, un- lefs agreed to by the Prefident , and Major part , and unlefs it be Confiftent with his Ma jellies Prerogative, and the Laws, and be confirmed by his Majefty or his Commiflioner, Car. 2. p. r. Sell 3 . cap. j. T T ACK, and TACKSMAN, nent. See Ten- cap. 32. SUPERIORITIES Kirk-lands. SUPERSEDERE. of Kirk-lands , See AWSuperfederces, or Licences, granted by the King to Perfons it the Horn, forbidden , and declared null , and void, lam. 6. p. r 1. cap. 46. SUP ER STI TION , See Pilgrimage , and SUPPLY ROYAL; See ^Annuity. 40000. pounds Sterling, Aft of Convention foraSupply to his Majeftie of ten Hundred Thoufahd merks, to be raifed in five years, by way of Taxation, Aft of Convention, 4. of >Ak- guft , 166 s. . Aft of Convention for a Supply to his Majefty of a Twelve Moneths Cefs , being Seventy two Thoufand pound, per Mcxfem , in all Tight Hundred and jixtj four ThoKJand pounds. Aft of Convention 23. of January, 1667. Aft for a Supply to his Majefty of Three Hundred andfixly Thoufand pounds to be raifedbywayot Affefsment, ar the terms in the year fpecified in the Aft, Car. 2. p. 2. Self 2. cap. 3. Aft for a Supply to his Majefty of Eight Hundred, andfixly four Thoufand pounds, toberailedby way of Aflefsmenr, and payed at four terms, Lambas , 1672. Candlemes , and Lambas , 1673. and Candlemes , 1674. And that no man be oblidged to produce difchargesthereof after the (econd of February, i,68r. And Retention is granted of a Sexth part of Anuual- rents from Mar times , 1672. toMartimes, 1673. for eafe of the Heretors , and Land-rent, Car. 2. p. 2. Self 3. cap. 4. Aft of Convention for a Supply to his Majefty of Twentie five Moneths Cefs, being Eighteen Hundred Thoujand pounds to be railed in five years, five moneths yearly , beginning rhe firft term at Marumes , 1678. Aft of Convention 28. July, 1678. Aft and Offer of a new Supply to his Majefty, by continuation of the faids five Moneths Cefs . per annum , tor other five years, after the term of Martimes, 1683. inclufivi, and that none be oblidged to produce difcharges of this Supply , after the Tenth of June, i6<>r. And that Heretors for their relief, may taxt the Inhabi- tants upon their ground , as in the Aft, and the order of uplifting) aiid quartering for this Cefs, is let down in the Aft, Car. 2. p. 3. cap. 3. SUSPENSION. That no SufpenGon be paft againft Bifliop, Minifter , or Matter of Univerfiry > orColledge, of any Charge for their dues onfpecial Decreets, except upon pro- duction of difcharges, or upon Confignation , and if the Rent charged for be Viftual, of a Hundredmerk: for each Chalder : Butprejudice of a higher Modi- fication atthe difcufflng, and that Bilsof iufpenfion of general Letters rhe time ofieffion, be firft (hewed to the Charger , andif eitherthe Charge, orSufpenGon be found Malicious, the Lords of the Seffion may modifie a fifth part of the fam forexpences, Car. 2. p. 2. Self. 1 . cap. 6. SYNOD DIOCESIAN, See Kirk, and Cfrlinifiers. SYNOD NATIONAL. Aft anent the Conftitution of a Synod National, whereby his Majefty hath the power ofpropofing by the Archbifhop of St. ^Andrews Frelident, and is alwayes That Tacks being fet to Labourers, the Takers fhall remain therewith unto the ifche of the terms thereof, for the mail they took them, to whofe hands loevei the Lands come, lam. 2. p. 6. cap. r7. But who takes Land inWodfet, fyae for Maill long time after, the Land be quite out for half Maill, or thereby , that thefe Tacks be not keept, after rhe outquiting, unlefs they be let for the very Mail, or thereby, Ibid. cap. r8„ How , and tor what years and fpace beneficed Peifons may fet their .Benefices, and Fruits thereof. See in Beneficed Perfins. TALLOW. That no Tallow be had out of the Realm , under the pain of efche'at of it, lam. 1. par. 2.cap. 32. Andfartherof all the Owners Moveables . asalfoof the Movea- bles of the Matter , or Skipper of the VclTel, that receives it, lam. j. p. 7. cap. 123. and Q, M. p. 6. c. 40. That none melt, rinde, nor Barrel Tollow, under the forefard pain, Ibid'U. S- p. 7. cap. 123. Sec-Forbidden Gudet. TAVERNE. That no man in Burgh, befound in Tavern or Ale-houie, after the itraike of nine, and the Bell ringing, under rhe pain of wairding, and the Aldermen and Baillies negligent in this , to be fined by the Chamberlaue in Fifty /bi Sings, lam. r . p. 13. cap. r44. TAXATION, See Supply. Order for fpeedie inbringing rhe Taxation, then granted , and found that the King could not grant difcharges of that Taxation , being granted be the three Ettates to the Embaffadour tor his M triage, lam. 4. p. 2. cap. 9. AnTaxarionof Two HundrcdThottfandmerkj , granred to the King and pro portioned thus, the lum of ~4n Hundred Thoufand merks , by the Spiritual Ell thtiamofjexty fexThoitfandfex Hundred, and fextyfex merks, eight JhiU'mgs , pennies , by rhe Barrens, and Freeholders , and rhe fum of T write thrie T, rufand three Hundred thiruc threemcrks, foitrJIsiUings, fex pennies , by the Burrows and the Barrons parr as here ftated is taxt to Fsurtie /billings , upon the pouno Land of Dldextent, and the Aft contains at length the form and manner of uplifting' it, lam. 6. p. is. cap. 277. ^Anno IS97. Another Taxation granted to his Majefty of Thirty jh If. .igs the pound Land of old extent termly, for four terms, for the Barrons, and Free-holders, ana the Spiritual Eftate , and the Burrows , to pay theirParts of thefaid'Taxation,efieirand to the laid Taxt upon the Barrons, as alfo an Extraordimry Taxation of the Twentie pennieot allfree Annual-rents for four years, Jam. 6. par. 23. cap. 2. ^dnno 1621. Aftaneur the Collefting, and inbringing of this Taxation, and Releif, to Prelates, Ibid. cap. 3. An Taxation granted to his Majefty' of Thirty fit king) the pound Land of old extent, termly tor fex terms, oryears, for the Bartons . anJ Free-holders, and fo proportionally for the Spiritual Elhte , and Eftate of Burrows, beginning the firltterm , oryear at Martimes, 1634 with an Extraordinary. Taxation , of the fexteenth /wmic of all free Annual-rcr.is yearly thelaids lex years, Car. i.par.r. cap- i- 28. June, 1633. Aft anent the Collecting and inbringing of rliis Taxation, and for the releif of Prelars, Ibid. cip. z. Supply to hisMajeftiesof Ten HtindrcdThouf'tidmerkj^ober^iktHniive years, by way ofTaxarion. Aftof Convention 4. ^Auguft, 1665, See Supply. TEIND, andTEINDING. That Teind Matters Teind within eight djyes after (hearing of the Corns , as the fame are readie , or othefwayes the Labourers requiring them openly inthePa- rochKirk, three Sabbarhs in the fore- noon, after rhe /hearing, may at the fight of two honeft nighbours , fworn before witnefles , feperarthe flock from the Teind upon the ground, which he fliould keep from Beafts, until the firft ot No- vember , lam. 6. p. 6. cap. 73. But thefe three Sabbaths are reduced to two , providing there be fourteen dayes fully interjefted , betwixt the day of the Requifition, and rhe day of the Teinding, lam: 6: p: n: cap: 48. That Teinding if the owner pleafe be at three times, the Croft Com at one time, the bear at the fecond, and the out Feild Corn at the third, and that fifteen dayes after (hearing of each fort, Teinding maybe required oh feven dayes , and the Owner tfnotanfwered, may teind, and (tzekutfupra, lam. 6. p. 18. cap. 8. Teinding at three times as in the laft Aft , again ftatut , and that eight dayes after (hearing of each iorr, Teinding may be required upon other eight dayes, and if not obtained , that the Owner may teind, andftack, as above, lam. 6. par. 21. cap. j. But thir dayes cf Requifition are (hortned to four, 8c it is appointed to be made to the Teind Mafter,at his dwelling houfe,if prefent,5c if not to his FaftorPerfonally, or to the Minifter.and at the Faftors dwelling houfe.whicli Factor rhe Teind Matter isotdainedtoname, andappoinr, within the Patoch, or ibme dachannexttoit, and to intimat the fame the laft Sunday of July , or firft Sunday of ^ixguj!,iab- lickly , otherwile Teinding may proceed after the laid eight, and four dayes, and the Owner is only bound to keep the feperat Teind upon the ground eight dayes thereafter, and it is declared , rhatathird part (hall be rep.ute (horn, as laid is, albeit about a tenth of it be left (landing , and the fame order is to be ufed as to this tenth patt , whenfhotn, lam. 6. par 22. cap. 9. That each Heretor have the leading and drawing of his own Teind, whether Fer- fonage, or Vicarage, thafamen being firft valued, and either bought by him, or he paying the rate theteof, which is declared to be the fifth part of the conftant Rent of Stock, and Teind, or if the Teind be valued feverally, then the rate is the Valuation thereof , deducing a fifth part for the Heretors eafe , thatthe price of allTeindsbenine years purchafe, rhe fame being eftimat at the rates or the Countrcy , and the Heretors have liberty to buy at this Rate, (except the Teinds locally affignedtothe Minifter) any time betwixt and Martimes, 163,. or if the Teind be not yet valued , within two years after the expedmg of the Valuation, un- lets the Titular be Minor, or otherwife impeded to fell, in which cafe the Here- ror offering to buy asfaid is , (hall be admitted fo foon as the Impediment is remov- ed:But if the Heretor be Minor,his Minority helps him not as to the (aids two years, only for the neglect he hath action againft his Tutors &c Curators : And where rher '