Page:The Laws and Acts of Parliament of Scotland.djvu/844

iyin Abridgement of the 4 x is a Life-renter, the Heretor buying mult give the Life-renter the leading, and drawing, for payment of the rate, but the buying or not buying prejudge not his Majefty as to the Annuity and all other queftions are referred to the Commtffio- ners to be appointed in this Parliament for Valuation of Teinds, and this Aft oblidges not Archbifliops , Bifliops , and Other beneficed Perfons, being Minifters, but according to the Irovifions, and Conditions, let down in the Submiffion, madebythe Bifliops, in the year, 1628. And the Vicarage being a feveralBene- fice, is ordained in favours of the Titular, orMinifter, fervingthe Cure, to be valuedapart, Car. r. p.r.cap. 17. ^Amoi6n. But thefe provifions fet down in the Submiffion made by the Bifliops, are reftnct- ed to that whereof they and other Beneficed Perfons, and Colledges, Hofpitals, and other pious ufes, wereinaitual poffeffion of, the time of the Submiffion, which is to remain according to the torefaids provifions, ibid. c. 19. , Commifiion for Valuation of Teinds, and rectifying Valuations already made asalfo, for planting and providing of KirUs, and for perfecting the Ait of Parlia- ment, annexing the Superiorities of Kirk- lands to the Crown, Car. r.par. i.cap. 1 9. The ranking of the Bifliops, Officers of State, and Noblemen is lingular in this Commiffion. . . Commifiion forValuation of Teinds, Car. 2. p. i.Seff. i.e. 61. SeeitinP/<i»- tationofijrkj. Ait whereby in refpeft of the Claufe in the Bifliops and Clergies Subrmflion, 162,7. That they fhould enjoy the Fruits and Rents ot their Benefices as they were pofleffed by them for the time. All Valuations of Teinds whereof they were then in poffeffion, by leading and drawing, or by uplifting the Rental Bolls, made fince the year, 1637. are declared void and null, providing that Heretorswhofe Teinds belong to the faid Clergy, and were in Tack the time of the faid Submiffion, fhall be in the fame cafe they were in by rhe Decreer Arbitral, given upon the faid Sub- miffion. And by the Aft, Car. 1. pat. i.cap. 19. above. Car. 2 par. i.Seffi 2. cap. 9. Commifiion forValuation of Teinds: It excepts no Teinds from Valuation, favefuch as Bifliops, and other Beneficed Perfons Minifters were in pofleffion of, by leading and drawing, in the year, 1628. And providing rhe Bifliops be not pre judged in their Rents, as they poffeffed in the year, 1637- And Heretors are ad- mitted to buy three years after Valuation, Car. 2. p. 1 . Sell. 3 • c. 27. Commiffion forValuation of Teinds, Car. 2. p. 2. Seff. 3.c. 1 j. See it in P/<t»- Ation ofKJrks. TENNENT. That what ever way Lands happen to be altered to a lingular Succeffor.by Waird, DeceafeofaLiferenter, Sale, orotherwife, rheTennent, Labourer, and Inhabi- tant, fliall not be removed until the next Whitfunday thereafter, he paying to the Intrant Lord the Duty ufed and wont, la. 4. p. 3 ■ c. 26. TERCE. TheReliftinallbeTerced, andbmikherTerce, if her Marriage was not chal- lenged in herHusbandslife, but flie repute a lawful Wife, ay and while it be clear- ly decerned that flie was not a lawful Wife, and that therefore flie fliould have no Terce, la. 4. p. 6. c. 77. Thatin time coming, where a particular provilion fliall be granted by a Hus- band in favours of a Wife, the fliall be fecluded from all Terce, unlefs it fliall be exprefly referved in the fame Writ, but ptejudice neverthelefs to Conttatts and Provifions already made, which are to be in force according to the former Law and Cuftome, Car. 2. p. 3'. c 10, TEST. Ait anent the Teft, that all Petfons in Fublick Tmft. or Imployment, Ecclefia- ftick, Civil, or Military ( The Ait contains a long and particular enumeration) Sign the Teft fubjoyned to the Ait, in manner rherein fet down (the Kings law- ful Brothers and Sons only excepted) under the pain of being declared uncapable of Tublick Truff, and amitting their .Moveable and Liferent Efcheats, one half to the informer, the other to rhe King, and that the Privy Councilfee this Act put to execution, Car. 2. p. 3. c. 6. See the Act In T^e ligion. Act fupplying and extending the enumeration of Publick Tiufts fet down in the former Act, ibid.c.2$. TESTAMENT. See Executors, and jguot. That where perfons die within age, fo as they cannot make Teftament, thenear- ett of Kin fliould have their Goods, without prejudice of rhe ordinary Quot, Ia.5. p. 7.C. 120. That no Charges of Horning for Confirming of Teftaments be given at the Pro- curator Fifcals inftance, but upon a Roll fubferibed by rhe Commiffar, and with- in three years after the Defuncts deceafe ; and that no Caption be ufed thereon, but where the Horning hath been execute againft the Party perfonally, or at his dwelling houfe, and Paroch Kirk door, on a Sabbath after Divine Service, certi- fying Commiitars, Fifcals, Clerks, or other Members of Court, that if they con- traveen this Ait, rhey fliall be deprived, Car. 2. p. 2. SeiT. r.c. 19. THANKSGIVING-DA YES. ' The fifth of Uugvff yearly appointed to be a day of Thankfgiving to God for ever for King James the fixth his prefervation from rhe treafonable attempts of the Earl of Go-wry and his Brother, with abftinence from all works that may diffract from the faid Exercife, la. 6. p. 16. c. 1. The twenty ninth of May yearly appointed for the folemn Commemoration of the Kings Reftitution , and for that end that it be fet apart as an Holy Day unto the Lord, and be imployed in Prayer, Preaching, and Trailing, and lawful and fuit- able divertifements, with abftinence from all handy labour, and other ordinary imployments, Car. 2. p. r . SeiT 1. c. 17. But this Act as to the Narrative is altered, and the words of the appointment re- newed in other terms, and the not obfervers ordained to be fined, and other wayes punifliedby the Council, and other Judges ordinary, accordingto their conditi- on and eftate, Car. 2. p. 2. Seff: 3:c: 12. T H I E F T. That Dittay be taken of them that Reals green Wood,or peels the Bark offTrees, and that they be ^naiihed in fouriyfiillmgs ro the King, and Affith the Party .• And ficlike of breakers of Orchyards, ftealers of Emit , deftroyers of Cunningaires, andDowcats, la: 1: p: 2: c: 33- That the dealer of Wood in anorher Lords Land, be there arretted , and fuffer luftice in his'Court, and in none other, ibid.c. 34. That no Lord of Regality under the pain of tinfell of his Regality, nor Sheriff, Juftice, and Baron, under the pain oftinfel of life and goods, lell any Thief, or Fine with him of Thieftdome, and this Statute to endure during the Kings will, la: i:p: 13' c: 137. Juftic? fliould be done on Thieves, asfoonas may be, without abiding fourty dayes, ibid. c. 142. And where the Juftice cannothold Juftice of Mafterful-men, that he certifie the King who fliall provide remedy, in all hafte, Jam. 2. par. 6. cap. 25. That no m an take or fteal Eggs out of Peitiidges or ivilde Ducks Nefb.under the pain of fourty pu llings , Ja. 3. p. 7. c. 60. Thatno man hunt, ihoot, orflay Deere, orRae, in other Clofes, ortake Cun- nings, Fowls, or Fifli our of others Cunningarrs, Dowcats, or Stancks, under the painofDittay, and Thieft, Ja. 3. p. 7. c. 61. Andja. 5. p. 4. c. 13. Nor fteal Hives, and rhat thefe be points of Dittay, and the unlaw ten pounds , befide the Parties skaith ; And if Children under age commitany of tliir things, that their Fathets, on iA^ets^Vj thirteen piillings four pennies for ilk ane oi them, or deli- ver them to the Judge to be fcourged, Ja. 4. p. 6. c. 69. And that the foreloid Acts be extended to Healing of Fruit- Trees , Barking of Trees in Woods, and Fowlers with Nets, Q..M. p.6.c.s8. Thefe Acts Ratified, with pains Pecunial of ten,fwenty,and fourty pounds, or pains corporal of Prifon and Stocks, and even to death, inctufivt, for the fiift, fecend, andthird fault, la. 6. p. 6. c. 8 5. All Ratified, and that who breaks down Woods, Parks, Dikes, Fences, or Clofures, orPaftures, orcutsBroom, orGrafswithin the fame, or breaks Dow- cats, or fteals Bees, or fteals Fiih out of other mens Stancks, ot Lochs,may be con- veened before rhe Secret Council, or any InferiouiTudge, but the pain hi the Ju- ftice Court not to exceed fourty pounds ; and before the Council, as the Council fliall think fit to appoint, without prejudice to the execution of former Acts, Jam. 6. p. 19. c. 3. The Mafter or holder of a Thief, lfrequired by the Party, fliould exhibite him before the Judge, or deliver him to the Party, under the pain of Art and Part, and making of reftirution 5 and that no man attaching a Thief, concord with him, and takeThieft-boot, and pur him from Law, under the pan of being acculed as the principal Thief : And the wrongous Acculer of another for Thieft, payeshim ten pounds for the flander, la. 5. p. i.e. 2. ThatRefettersor AffiftersofThieves, orlntercommunerswith them for that effect, may be purfued either before the Juftices, as Arr and Part, or called Ci- villy before the Lords on fifteen dayes, without Diet or Table : And that all She- riffs, Bail lies, ire. put the faids matters roinquifition, byanAffife of the Coun- trey, and make report to the Juftices within fifteen dayes thereafter. Thar no Thief rake any Scot s man, under the pain of Treafon, and that leill men fo taken, be not holden to enter to them, but their Bands and Soverties therefore given are difcharged, and if any of rhe laid Thieves Charge on the faid Bands, that they in- cur rhe pain of Treafon ; That leill men taking Thieves committing Tdiieft, or in going ro, or coming from it, if they have not power of rhemfelves to juftifie them to death, prefenrthem to the luftice within fifteen dayes. That none take or fit under rhe afturance of Thieves, or pay them Black mail! , or give them meat, drink, refer, maintenance, or fupply in their Thiefruous deeds, under the pain of death, andefcheatof their moveables. Thatall men rile and raife the fray, and follow after Thieves, and help to rake them, or to recover the Goods, under the pain of being holden for partakers, and that the luftice execute the Law with rigour, without favour 01 delay, la. 6. p. i.e. 21. Death intimatto be the pain of Thieft, la. 6 P.6.C.75. §. r. attheend. And more plainly, p.7.c. ri2. p.u. c. 82. p. 18. c 5. and elfe where. Who keeps any Scots 01 Englijh Thief in his Company , openly or privatly, in the Kings Court, or in the Burgh of Edinburgh, fliall be repure and punilhed as a favourer and mainrainer of Thieves and Thieft, la. 6 p.n.c.ioi. That they that lell the Goods of Thieves of Clanns.that dare not come to Mercat in the Low-Lands themfelves incurr banilhmenr,and efcheat of Moveables,half to theKing, the other half to the Apprehender, ibid.c.109. Ratification of the whole Laws and Aits anent Theift-boot, refet of Thieft, and the Entertainers of, and Intercommuners with Thieves, ordaining them to be put to execution, la. 6 • p. 1 3 . c. 1 74. That the perfon from whom Goods are ftollen, purfuing the Thief ufque ad fententiam, fliall have his own Goods again, where ever they can be had, or the value, with the expence, out ofthereadieftofthe Thieves Goods, without preju- dice to the Sheriffs, and other Magiftrats, and takers of the Thief, of their expenf- fes in taking and executing him, Car. 2. p. 1 . Sefl. 1 . c. 26. THIRDS of BENEFICES. That the Thirdsofall Benefices be payed to the Minifters, and they being pay- ed of their Stipends, the fitperplw to be applied to the Kings Me, lam. 6. par. 1. cap. 10. Ait declaring that the Thirds of Benefices, CommonKirks, Friers Lands and Rents being only deftinat to thefe two ules, might be no otherwife given, nor im- ployed; and therefore all Penfions, Life- rents, or Tacks of the fuperpltu of the laids Thirds, or of any Common Kirk for longer then a year, or whereby the faids Thudsfuperpiut thereof, firlt and belt Renral of Common Kirks , Friers Lands, and Rents thereof hath been diminiflied, or altered fince the laft Aflumption , are declared to be null: but prejudice alwayes of whatfoever Infettments granted by the King in diminution of the faids Thirds, la. 6. p, 12. c. 121. Ratified, and all exceptions made therefra, in the Actitfelf, orotherwife, are declared null, excepting only that anent Infeftments, and but prejudice of the Colledge of luftice, and Lords thereof, astotheirprivikdges, Ia.6. p. is.c.241. See Minifters. Benefices of Cure , being Laick Patronages provided to Minifters ferving and refiding at the Kirks thereof, are freed of Thirds, and the fame declared to be a part of their Living, la. 6. p. 12. c. is 8. AllTacksin diminution of the Rental, and Penfions out of the Thirds, are de- clared null ; and rhat it is not leafome to the King ro difpone the fame any manner of way, la. 6. p. r 5. c. 240. TIN. See Vewter. TOBACCO. Aitdifcharging a new Impofition laid upon Tobacco, in December, r6-i. And allowing rhe Import thereof free of all other Impofitions. except the ordinary Cu- itomandEjccife. Car. 2. p. 2. .Seff 4. c. 4. TRADE. Ail Regulating the Liberty of Trades betwixt the Royal Burghs and cthers,Cir. z.p. 2. Seff 3.c. 5. SeetheAitin Burghs. That none Import into this Kingdom anyThreed Lace, Fringes, Traces, or Buttons of Gold and Silver Threed, or any Stuffs, or Ribbons in which there is any Gold or Silver Threed,'Or Philagram of Gold or Silver to be worn on Apparel, or any of their Counterfeits, oranyFlowredStript, Figured, Checkered, faint- ed, or Printed Silk Stuffs, or Ribbons (watered, or Changing Coloured Stuffs 01 Ribbons not included ) or any Imbroidering of Silk on wearing Cloaths, with cer- tification the thing fliall be burnt or deftroyed, and the Importers and Refetters fined in the value, and the wearing of any thing of the premiffes after the firlt of ^April, 1682. isprohibite, under th« pain of Confifcation of the Cloaths, and five hundred merks of hne,toties cjUoties,excef>t that fuch as are of theKings Forces have allowance two years after Novem.i 68 1 .to wear out their Cloaths upon which there is any Gold or Silver. That none Import to this Kingdom any Eorraign Holland,Lin- nen, Cambrick, Lawn, Dornick, Damask, orany other Fonaign Stuff, or Cloath. madeof Linnen, or Cottoun, Wool, or Lint (Flannen, Arras Hangings, Car- pets, made Beds of Silk, or Damask Hangings, Chairs and Stools not included ) any Fojnign Silk 01 Woolen Stockings, Laces of Silk, Gimp, ot Threed, and any Laces,