tion be direct here-upon as effeiris; where-throw the said Sessions of the Kirk, nor no other pretend ignorance. And to command and charge the said Sessions of the Kirk to put the saids acts of Parliament made against strong & idle beggers, whereof the execution is committed to them, by the said act of Parliament made in the foresaid yeare of God 1597, to due & full execution in all poynts, conforme to the tenour thereof, betuixt and the said first day of June next to come, under the said paine of twenty pounds to be exacted off them, so oft as they sall be founden to be remise after the said day. Certifying them that failyes, that the said paine shall be uplifted off them with all rigour. And sik-like to command & charge the saids Presbyteries to take tryel of the saids Sessions hereanent, and to report their testimonial there-upon betwixt and the first day of August, as said is. As they will answere to his Majesty upon their obedience at their uttermost charge and perell. 200 29. Anent the Mariage of adulterous persons. OUR SOVERAIGNE LORD, with advyse of the Estaites of this present Parliament, decernes all mariages to be contracted here-after by any persons devorced for their awne cryme and fact of adultery, from their lawfull spouses with the persons with whom they are declared by sentence of the ordinar Judge to have committed the said cryme and fact of adultery, to be in all tyme comming null, and unlawfull in themselves, and the succession to be gotten be sik unlawfull conjunctions, to be unhabile to succed as heires to their saids parents.201 APUD EDINBURGH, VII DIE JUNIO A.D. M,DC,V. CONTINUED TO M,DC,VI. 6. Anent Gleibs in Pasturage and sowmes grasse. OUR SOVERAIGNE LORD, and Estaites of this present Parliament, understanding that be act of Parliament, anent the designation of Manses and Gleibs to Ministers. It is ordeined, that there shall be four aikers of land designed to ilk Minister for his Gleib next adjacent to the Kirk. And seing that by the iniquitie of tyme and disorder of the Borders and Hielands of this Realme in tyme bygane. There are sundrie Kirks within the same whilk has na arrable land adjacent thereto, but onely pasturage; sa that by the forsaid act of Parliament, made anent the designation of four aikers of land onely for the Gleib of ilk Minister, and ną farther; The Ministers serving the cure at sik Kirks as hes na arrable lands adjacent thereto, but only pasturage, are greatlie hurt and defrauded. For remeid whereof, It is statute and ordeined that in all tyme comming, there be designed to the Minister serving at the cure of sick Kirks where there is na arable land adjacent thereto, four sowmes grasse for ilk aiker of the saids four aiker of Gleib land, extending in the haill to sexteen sowmes, for the saids four aikers, and that of the maist commodious and best pasturage of ony Kirk lands, lyand next adjacent and maist nearest to the saids Kirks. And ordeins letters to be direct against the possessours thereof for removing therefra, in the samine forme, as is appoynted by the foresaid act of Parliament, made anent designation of Manses and Gleibs of before.202 200 In reference to this act, see Dunlop on Parochial Law, p. 322. The act here ratified is 1597, ch. 39. 201 See Stair, b. i. tit. iv. § 7, and b. iii. tit. iii. § 42; and Ersk. b. iii. tit. x. § 9. 202 In reference to this act, see Ersk. b. ii. tit. x. § 59; and Dunlop on Parochial Law, page 116, et seq. 9. Act anent dirccting letters of Horning on Schirefs, Stewarts and Baillies decreits. OUR SOVERAIGNE LORD, and Estaites of this present Parliament, ordeins for the greater furtherance and better execution of Justice to all his Majesties Liegies, and eschewing of the superfluous and unnecessar charges, whilks they sustein by poynding on decreits, obteined before Schirefs, Stewarts and Baillies, alswell of Royaltie as Regalite, that the lyke letters and execution of Horning be direct and graunted by the Lords of Session, upon all acts, decreits and sentences of Schirefs, Stewarts and Baillies alswell of Royaltie, as Regality, as are granted and direct upon decreits, acts and sentences of Provests and Baillies within Burgh, conforme to the act of Parliament made thereanent, and after the forme and tenour of the samine in all poynts.2 203 12. Anent laying of Lint in Lochs. OUR SOVERAIGNE LORD, and Estaites of Parliament, finding that the laying of Lint in Lochs and burnes, is not only hurtfull to all fishes bred within the samine, and bestial that drinks thereof; but also the haill waters of the saids Lochs and burns, thereby being infected, is made altogether unprofitable for the use of man, and very noysome to all the people dwelling there-about. Therefore statutes and ordeins, that na person nor persons in tyme comming, lay in Lochs and running burnes, any grein Lint, under the paine of fourtie shillings toties quoties, for ilk tyme they shall contravein; and als confiscation of the Lint to be applyed to the poore of the parochin, within the whilks the saids Lochs and burnes lyes. And by tenour hereof, gives power to the Session of the Kirk of ilk Parochin, to try, cognosce, and put this present act to execution, and to uplift the unlawes, and confiscat and dispon upon the said Lint, to the weall of the poore of the Parochin, as said is.204 13. Act in favours of his Majesties Vassals for payment of their blench duties. OUR SOVERAIGNE LORD, and Estaites of this present Parliament, remembring the great favour shawn and borne by his Heighnes and his predecessours, to the Noble men, Barrons, and others subjects of this Realme, and their predecessours, for their notable and memorable facts and services done to his Majestie and his predecessours, in defence and wealfair of the Realme; in making and graunting to them of heritable infeftments of their Lands, Barronies, Lordships, Castels, Towres, Fortalices, Woods, Mylnes, Salmond Fishings, offices and others therein conteined, halden of OUR said SOVERAIGN LORD, and his predecessours, in free blench-farm, for payment of certaine blench-ferme duties, expressed in their infeftments; not as any burding or yearlie duetie, but by way of acknowlegement & recognoscence, if the samine duties shall be requyred allanerlie. And that notwithstanding thereof, within thir late and few yeares, the saids Noble-men, Barrons, and others, OUR SOVERAIGNE LORDS Leiges and subjects, wha halds their lands and others foresaids of OUR said SOVERAIGNE LORD in free blench, are yearlie without any just cause burdened, urged and compelled by charges to make payment in his Heighnes Checker of certain sums of money, as for the pryces and valour of the saids blench duties: there being na sik summes of money nor pryces conteined in their saids infeft203 The act here referred to is 1593, ch. 34. See 1st and 2d Vict., ch. 114, by which a simple and less expensive method of obtaining personal diligence is made competent. 204 In reference to this act, see Mackenzie's Obs. p. 324. ments. For remeid whereof, OUR SOVERAIGNE LORD, with advyce of the saids Estaites, findes, decernes and declares, that the Noble men, Barrons, and others Leiges and subjects, wha halds their lands and others foresaids of his Majestie in blench-ferme, are onely justlie adetted in payment of the blench dueties expressed and set downe in their infeftments, if the samine be required allanerlie. And that they aught nowyse to be burdened, troubled or charged for summes of money, as pryces for the saids blench duties. And that notwithstanding whatsomever act or ordinance made by the Lords of his Heighnes Checker, or others acts or ordinances whatsomever, of whatsomever years bygane or to come, to the whilks this present act shall make and makes full derogation. And therefore Sir Thomas Hamilton of Monkland Knight, Advocate to OUR SOVERAIGNE LORD, in presence of the saids Estaites, protested in his Heighnes Name, that the blench duties and species thereof conteined in the forsaids infeftments, be conforme to the Kings Majestie and his Successours, Estate and dignitie. And thereupon the said Lord Advocat asked instruments.205 14. Act anent seasings to be given on precepts forth of the Chancellarie. OUR SOVERAIGNE LORD, and Estaites of this present Parliament, ratifies and approves the act made of before by King JAMES the Fifth of good memorie, whereby it was statute and ordeined, that all Seasings given by vertue of any precepts direct forth of the Chancellarie, should be given by the Schireffes of the Schyre, Baillies or Stewarts, where the lands lyes their deputes and Clerk, as in the said act of the date the tenth day of December the yeare of God, ane thousand, five hundreth, and fourtie years at mair length is conteined; In all and sundrie poynts, heads, articles, clauses and conditions of the samine, sa farre as the samine extends or may be extended to Seasings past upon precepts direct forth of the Chancellary upon Retours allanerlie. And the saids Estaites of Parliament, decernes and declares the samin act made by King JAMES the Fifth of the date above written, to have bene onely made for sik Seasings as are given by vertue of precepts, that passes upon Retours, and to nane others Seasings direct upon any other precept, direct forth of the Chancellarie.206 16. Act for staying of unlawfull conventions within Burgh, and for assisting of the Magistrates in execution of their offices. OUR SOVERAIGNE LORD, and Estaites of this present Parliament, ratifies and approves all and whatsomever acts made heretofore by his Majesty, and his Heighnes progenitours, and the Estaites of the Realme, for staying of all tumults, and unlawfull meetings and conventions within Burgh. And ordeins the samine to have effect, and to be put to due execution against the contraveeners thereof in all poynts. With this addition, That na person nor persons within Burgh, of whatsomever rank, quality or condition they be of, presume nor take upon hand from this forth, under whatsomever collour or pretext, to convocat or assemble themselves together at any occasion, except they make due intimation of the lawful causes of their meetings, to the Provest and Baillies of that Burgh, and obtein their license thereto; and that na thing be done nor attempted by them in their saids meetings, whilk may tend to the derogation or violation of the acts of Parliament, lawes and constitutions made for the well and quyetness of the saids Burghs. Declaring by thir presents, the saids unlawfull meetings, and the persons present thereat to be factious and seditious, and all proceedings therein to be 205 In reference to this act, see Erskine, b. ii. tit. iv. § 7. 206 The act here ratified is act 1540, ch. 12. See Erskine, b. ii. tit. iii. § 37. null and of nane avail. And the saids persons to be punished in their bodies, goods, and geare, with all rigour, conforme to the Lawes of this Realme. AND to the effect of the saids unlawfull meetings with all others tumults, turbulances and pleyes that shall happen to fall out within the saids Burrowes, may be substantially suppressed, Ordeins the haill inhabitants of the saids Burrows, at all occasions to readily assist and concur with the Magistrats and Officiars thereof, for settling of the saids tumults and turbulances, and punishing of the saids authors and movers thereof. And sik as shall not concur and assist with the saids Magistrates readily, or their Officiars, for redding and setling of the saids tumults and turbulences, as said is, shall be repute and halden as fosterers and mainteiners of the saids tumults, and punished therefore in their persons, and unlawed in their goods at the arbitriment of the Magistrats and Councell of the said Burgh, and ordeins publication to be made hereof at the market-Crosses of the saids Burrows, that nane pretend ignorance thereof.207 APUD EDINBURGH, XVIII DIE MARTII, A.D. M,DC,VII. 6. Anent destroyers of Parks, Woods, Plantings, Dowcats, Bees, Locks, and Stanks. OUR SOVERAIGNE LORD, and Estates of this present Parliament, considdering how Woods, Parks, and all sorts of Planting and hayning decayes within this Realme; and how Dowcats are broken, Bees stollen, mens proper Lochs and Stankes herried, to the great hurt and prejudice of the Country and decay of Policy. Therefore, Ratifies and approves all acts of Parliament made of before, for conservation of planting and policy; and against breakers of Dowcats, stealing of Bees, and of fishes forth of mens Stanks and proper Lochs, in the haill poynts, articles and clauses thereof. And ordeins the samine to be put in execution against the contraveiners thereof. And farther, the Estates foresaid, statutes and ordeines, that whasoever shall be found hereafter to break down his neighbours woods and Park-dykes, Fenses, stanks or closures, to pastour within the saids fenses, cut trees, broome, or shear grasse within the samine, or yet breaks Dowcats, steals Bees and Fishes in proper stanks and lochs, shall be conveined and called therefore as an breaker of the Law; either before the privy Councill, or any other ordinare Magistrat within this Realme, at the option of the party compleiner; and the penalty to be imposed and taken of the contraveiners, before the saids ordinare inferiour Judges, not to exceed the summe of fourty pounds money of this Realme. And the Secret Councell to impose sik penalties against the contraveiners of this present act, as after tryell taken in the cause, they shall finde the offence to merite and deserve. But prejudice alwyse of putting of all former Acts of Parliament made thereanent to execution, after the tenour thereof in all poynts; to the whilk this present act shall make na derogation.208 13. Act against unfreemen. OUR SOVERAIGNE LORD, And Estates of this present Parliament, Ratifies, approves and confirms all Acts, Lawes, Decreets and Priviledges granted or given in favours of his Heighness free Royal Burrowes. And considering the 207 In reference to this act, see Hume, vol. i. p. 430, et seq. 208 In reference to this act, see Hume, vol. i. p. 82. great hurt and skaith, daily sustained by the Burgesses inhabitants of his Majesties Royall Burrows, wha underlyes and bears all burdings imposed upon the Estate of Burrows, in all his Majesties services, throw the continuall encresse of unfree Traffikers, dwelling in divers parts of this Realme, not being Burgesses of the saids Royall Burrowes. And neverthelesse, keeps and halds open buiths, buyes and sells Merchandice, and otherwise uses the liberties and priviledges of free Burgesses, as if they were Burgesses and actuall residents within the saids Royall Burrowes, in manifest defraud of OUR SOVERAIGNE LORDS Customes, and to the prejudice of the liberties of the saids free Royall Burrows. And therefore, statutes and ordeins, that all unfree persons not being actuall Burgesses of the saids free Royall Burrowes, wha beares not burding and pays not taxt and stent to his Majesty, shall desist and cease from using of any Trade or Merchandice, or of the Liberties and Priviledges foresaids of the saids free Royall Burrowes, under the pains contained in the Acts of Parliament, made anent unfree traffickers of before. And that letters of horning be direct hereupon charging whatsomever unfreemen, and usurpers of the Priviledge of the saids Burrowes, to find sufficient caution for obedience of this act. And als that letters of Horning be direct upon all Acts and Decreets of Burrowes, given at their conventions betwixt Burgh and Burgh, and Burgesses of free-burrowes, upon an simple charge of ten dayes without calling of the party.209 APUD EDINBURGH, X DIE MAII, M,DC,VIII. CONTINUED TO XII DIE APRILIS, A.D. M,DC,IX. 14. Act anent the Commissioners and Iustice of Peace. FORSAMEIKLE As among the infinite monuments and testimonies of his Majesties true pietie, singular wisdome, sincere zeale to Justice and fatherlie care of his people, the Estaites of this Kingdome have not found any bringing mair deserved commendation and permanent renown to his Majestie, or greater profite, quyetnesse and comfort to his subjects, nor his constant perseverance in his maist Religious and prudent resolution to extirpat the ungodlie, Barbarous and brutall custome of deadlie feads, whilk by the inveterate abuse of many bypast ages was become sa frequent in this Realme, as the subjects of greatest ranke and qualitie upon every naughtie occasion of base and unworthie controversies of neighbourheed, for turves, fold-dykes, furres or marches of lands, foolish words or drunken discords betwene their meanest servants and dependers, and any other in the Countrie, did so readilie embrace the protection of their unjust and unnecessarie quarrels, as did many tymes involve themselves and their haill friendship in maist bloudie and mortall troubles, whilk they did prosecute with sic malice and crueltie, as to the extreame perrell of their saules, infamie of their memoriall, and overthraw of their owne and their adversaries houses, did distract the Kingdome in opposite factions, and many tymes furnished matter of maist pernitious, seditious and Civile warres. The inconveniences whereof being manifestlie sene and sensiblie felt, baith by the Princes and people of this Realme in many bypast ages and earnestlie sought to have been removed, yet the corruption was sa universall, that the greatest part prevailling against the best, that cruell Barbaritie hath both continuance and daily 209 In reference to this act, see Watson's Statute Law, vol. i. p. 227, et seq., and authorities there referred to. |