increase, untill his Majestie bending the excellent wisdome and rare graces of his Royall minde (where- with God hes endewed him mair aboundantlie than any King that ever did raigne in this Iland) against that godles, unnaturall and beastlie Custome, did devise and establish a maist godlie, just and prudent Law and Ordinance for the course to be observed, for removing upon equitable and just conditions the deadlie feads, whilk then stude in great number betwene the maist powerfull subjects in this Kingdome and their kinsmen, assisters and partakers: In the execution whereof, God having miraculouslie assisted his Majesties maist halie and just intention after exceeding great care and paines tane by his Majestie in tryall of the originall causes of the saids discords, the true circumstances of the injuries and loses sustained by either partie, and in prescryving due satisfaction to be indifferentlie made for redres of all bypast harmes and wrangs. His Majesties admirable constancie hes sa overcome all difficulties, that the haill knawne feeds within the Kingdome being now removed by perfite reconciliation, and just contentment of all parties having interest therein, his Majesties haill subjects finds sik joy and happines in the sweet frutes of his wisdome and providence expressed in that case; that they earnestlie wish that his Majestie wha hes sa cairfullie exterminate that abominable pest of deadlie feeds, may in his singular wisdome finde meanes for ever to prevene the reviving of that monster. Wherein his Majestie considering that nothing gave sa great grouth and strength to that bypast Barbaritie, as the slouth of Magistrats in not suppressing the first seeds of these dissentions, whilk being small and weake in the beginning, for Peets, Turves, Devits, Fold-dykes, poynding, neighbourlie marches, injurious words or light brawles were then easilie to be setled, if diligence and authoritie had bene joyned for repressing thereof, whilk being neglected by these to whom it appertained; these light jarres and insolences did very oft kindle sik flames of disorder, dissention, rankor and feed, as in many yeares with great streames of bloud, desolation and ruine of great and auncient houses and races, could hardlie be quenched. For remeid whereof his Majestie and Estaites foresaids, Ratifies and approves the former Act made by his Heighnes, for abolishing deadlie feedes in every head, clause and Artickle thereof. And farther, statutes and ordeines, that in every Schyre within this Kingdome there shall be yearlie appoynted by his Majestie some godlie, wyse and vertuous Gentlemen of good qualitie, moyen and report, making residence within the same, in sik number as the bounds of the Shyre shall requyre, to be Commissioners for keeping his Majesties peace, to whom his Majestie with advyce of the Lords of his privie Councell shall give power and commission to oversee, try and prevent all sik occasions as may breed trouble and violence amongst his Majesties subjects, or forceable contempt of his Majesties authoritie and breach of his peace. And to command all persons in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderlie persons, or by publict bearing or wearing of Pistolets or other forbidden weapons, and sik other ryotous and swaggring behaviour; to binde themselves and finde caution under competent paines to observe his Majesties peace, and for their compearance before his Majesties Justice or Lords of his privie Councell, to underly sik order as shall be found convenient for punishing their transgressions or staying of troubles and enormities. And if need shall be, to requyre the dewtifull and obedient subjects of the Shyre to concurre with them in preventing all sik contempts and violences, or for taking or wairding of the wilful and disobedient authors, committers and fosterers of these crymes and disorders under sik competent arbitraire paines as his Majestie and Lords of his privie Councell shall appoynt for the offenders, and sik of the countrie as being requyred shall not give their readie and afald concurrance to his Majesties Commissioners in the premisses, whereby the ordinare Magistrats and Officiares within the Shyres, may be the better assisted, and their absence, imployments or other impediments mair commodiouslie supplied, without derogation of their jurisdiction or want of readie comfort and Justice to the obedient subjects within the bounds thereof. Ordeining also the saids Commissioners to give true advertisement and information to the Lords of his Majesties privie Councell, Justice generall and his deputes, his Majesties Thesaurer and other Magistrats and officers whom it effeiris, of the names of sik faithfull and unsuspect witnesses and assysers to be summoned in all crymes and disorders whilk shall happen to fall forth within the saids Shyres, as shall be knawn to be maist meet and able for tryell and probation of the same, and for eschewing that sik as are either aged, seiklie or unable to travell, or ignorant of the facts to be tryed, be not unjustlie vexed or unnecessarilie drawne from their awne houses and affaires, for matters wherein they are not able to give any light.210 APUD EDINBURGH, XII DIE OCTOBRIS, A.D. M,DC,XII. 3. Ane Act declaring that in all tyme hereafter, the objecting of Horning for a Civile cause of the party ather slaine or mutilat, shall be no liberation of the offender from the punishment due of the Law. OUR SOVERAIGNE LORD, with advise and consent of the Estates of Parliament, Statutes that if any of his subjects be mutilat or slaine being at the horn only for Civile causes the Slayer being persued, or sick as are airt or part of the saids crymes of Slauchter or Mutilation, before the Justice generall his deputs or any other ordinar Judge: No alledgeance founden upon the party slain' or mutilat, their being at the horne for any civile cause shall ather stay process or be ane defence to delay processe or procure impunite to any of the offenders guilty of the crymes foresaids. And this Act to have force, effect and execution, for all sick crymes above specified as shall be hereafter committed allanerly. 4. Ane act against ravishers of Weemen. OUR SOVERAIGNE LORD, with advise and consent of the Estates of Parliament, Statutes and ordeins that if any being airt or part of Ravishing of Weemen, be persued for that heynous offence, and defend themselves be the subsequent consent of the woman Ravished, or be her declaration that she went with them of her awne free-will and consent (albeit in that case the womans declaration of her consent may exeime them from Capitall punishment.) That if the womans Parents or neirest kins folk, or his Majesties Advocat be able to verifie be determination of the assise, that the fact wes at first violentlie and forceably done against the parties will and without their consent. The subsequent consent or declaration of the party shall not exeime the offenders from his Majestys arbitrall punishment of warding their persons, confiscation of their goods, or imposing upon them pecuniall penalties at his Majesties pleasure.211 210 This is the act which originated the office and jurisdiction of Justice of the Peace in Scotland. 211 In reference to this act, see Hume, vol. i. p. 306, and Alison's Principles, p. 219. 7. Ane Act allowing Horning upon an simple charge of fyveteene dayes to be direct upon Commissars decreits. OUR SOVERAIGNE LORD, be advyse of the three Estaites of Parliament, Ordeins and statutes, that the decreits and sentences of all Commissars within this Kingdome, receave siklyk execution be Horning as the decreits of Schireffs, Admiralls, Stuards, and Baillies of bourgh: And that the Lords of Session upon the sicht of the Acts and decreets of the said Commissars, or their precepts lawfullie execute be their officiars, bearand the partie to have beine charged upon fyfetein dayes: Direct letters of Horning upon the simple charge of fyfetein dayes as in the cases aforesaids, and conforme to the Act of Parliament made in their favours. 212 8. Ane Act anent repairing of Bishops Manses. OUR SOVERAIGNE LORD, with advyse of the three Estaites, Ordeins all Arch-bishops, Bishops, and uthers Ecclesiastical persons, to build, repaire and mainteine their houses and manses in sik case as may serve for their dwelling and the dwelling of their Successors, and if they or any of them suffer the saids houses or manses to ruyne and decay in their default, The Successor shall have action against their executors for the same: As als where the saids houses are fallen in decay, and shall be built and repaired be any of the beneficed persons upon their awne expenses, the next Successor shall be obleished to give satisfaction therefore to the Heires or Executors of the defunct at the sicht of two or three of the Bishops within the Province. Provyding that the said satisfaction exceid not the soume of ane Thousand pounds, if they be Prelats, and fyve hundreth markes, if they be uther inferiour Ministers.213 APUD EDINBURGH, XXVII DIE MAII, A.D. M,DC,XVII. 3. Anent the Plantation of Kirks. OUR SOVERAIGNE LORD, Considering that there be divers Kirks within this Kingdome not planted with Ministers, where through ignorance and Atheisme abounds amongst the People; and that many of those that are planted, have no sufficient provision or maintenance appointed to them, whereby the Ministery are keeped in poverty and contempt, and cannot fruitfully travel in their charges. Considering also that nothing is more properly belonging to his Princely care, than to the good estait of the Kirks within his Dominions, out of that zeale which his Majesty beares to the promoving of the Kingdome of CHRIST. AND for ane perfit remedie of those evils, with advice and consent of the Estates of Parliament, hes granted full power and commission to the Lord Chancellour for the time, and to the reverend Fathers in GOD John Arch-bishop of Sanct-Andrews, Iames Arch-bishop of Glasgow, Alexander Bishop of Dunkeld, Alexander Bishop of Aberdein, Alexander Bishop of Murray, Patrick Bishop of Ross, Adam Bishop of Dumblane, and William Bishop of Galloway: Eight per 212 This act is in force so far as it regards Sheriffs acting as Commissaries. See Juridical Styles, vol. iii. p. 985. 213 In reference to this act, see Erskine, b. ii. tit. x. § 58. sons nominat for the Clergy and Prelates, And in-case of the decease of any of them, To Andro Bishop of Brechin, George Bishop of Orknay, Andro Bishop of Argyle, and John Bishop of Caithnes: Which four persons, his Majesty and Estates hes nominate to supply and become in the place of any of the other eight foresaid, if any shall happen to decease before this Commission be finished. To wit, the first of the four in the place of the first of the eight deceasing, & so in order successively as they are named. And to John Earl of Marr Lord Thesaurer, James Marques of Hamilton, James Earl of Abercorne, William Earl of Tullibardin, Robert Earl of Roxburgh, John Viscount of Lawderdale, Thomas Lord of Binning, and David Lord of Carnegie, eight persons nominat for the Nobility. And in case of any of their deceases, To Alexander Lord Elphinstoun, nominate to become in the place of the first deceasing. Alexander Earle of Eglinton in the second, John Earl of Perth in the third, & John Lord of Balmirrenock in the fourth. And to the Commissioners under-written nominat for the Barons: To wit, William Douglas of Drumlangrig, Sir Walter Dundas of that ilk, Sir James Halliburnton of Pitcur, Sir John Hamilton of Lettrick, Sir John Vaus of Barnbarroch, Sir Andro Murey of Balvaird, Sir Alexander Gordon of Cluny, and to Sir George Auchinlek of Balmano. And in case of any of their deceases, to Thomas Urquard Sheriff of Cromarty, Sir Alexander Strachan of Thorntoun, Josias Steward of Boniton, & Sir Robert Steward of Schillinglaw, persons nominate to become in order as they are named in places of any of the eight deceasing. And to James Arnot, Burgesse of Edinburgh, Master Alexander Wedderburne Clerk of Dondie, Sir Thomas Menzies Provost of Aberdeine, John Scherar Burgesse of Sterling, Andro Milne Burgesse of Linlithgow, John Osburne Burgesse of Air, John Matheson Clerk of Carel, and Sir George Bruce of Carnock Knight, Burgesse of Culross, eight persons nominate for the Burrowes. And in case of any of their deceases, to Alexander Clerk, Merchant Burgesse of Edinburgh, Master William Ferguson Burgesse of Dundie, George Nicolson Burgesse of Aberdein, & John Williamson Clerk of Sterling: Persons nominate to supply in order any of the other eight Commissioners foresaids deceasing. Which foresaids Commissioners, or any five of ilk Estate nominate, as said is, consenting & agreeing in ane voice, shall have power to convein, consult, and to determine upon the maters, and in manner underwritten. Providing alwayes, that there is and shall be necessarily requisite to the validitie of any Act, conclusion, ordinance and determination of the saids Commissioners, the conjunct assent of five of every ane of the saids foure Estates, all agreeing together in ane voice, without the which consent of the saids five of ilk Estate so agreeing, the rest of the saids Commissioners shall have no power to make any valide or effectual conclusion by vertue of this present Commission, but whatsoever shall be otherwayes done, is declared to be of na availe, force nor effect. That is to say, OUR SOVERAIGNE LORD & Estates of Parliament by the tenour hereof, gives, grants, & committs full power & authoritie to the saids Commissioners to meet and convene in the Town of Edinburgh, at sik time and times as they shall appoint and finde convenient, and there to call & summond before them, all Patrons, Tacksmen of teinds great and small, and all others having right by whatsomever title to the Teinds within this Kingdome, as they shall think necessar and expedient to exhibite and produce before them their rights and titles, whereby they claime the saids teinds to be seene and considered be the saids Commissioners. With power to them out of the saids teinds of every Parochin, to appoint and assigne at their discretions ane perpetual local stipend to the Ministers present and to come at all Kirks that shall be found by them either as yet not provided at all, with Ministers & stipends, or where the provision is lesse nor five hundreth marks of yearlie rent in money, or five Chalders victual (by manse and gleibe) or sik proportion particularly of silver and victual, as will effeir and extend to five hundreth Marks or five Chalders victual yearly, and which is the least & the meanest stipend & provision determinate, appointed, and declared by his Majesty and Estates, to be given and assigned to any Minister for his locall stipend in time coming, where the fruits of the Benefice will extend to that quantitie in maner under-written, & that notwithstanding of any right or title pretended by the said Tacks-men, or others in whose favours Teinds have been erected, With special power also to the saids Commissioners, to unite sik Kirks, ane or moe as may conveniently be unite, Where the fruits of any one alone will not suffice to entertain ane Minister. In the which case of union of sik Kirks, if it fall out that necessitie offer to unite Kirks belonging to the presentation of divers Patrons, the presentation of the Ministers shall be appointed by the saids Commissioners to pertain to the Patrons (alternis vicibus) to the which Commissioners his Majestie and the Estates does recommend and refer to consider and appoint farther sik solide order as may be best taken, and stand with the least prejudice of any or the Patrons, and as they shall be found to have more or lesse intrest in the Kirks to be so united. It is alwayes provided, that whereas there are divers Kirks whereof the fruits of any one will not extend to the quantity of five Chalders victual, nor five hundreth marks of silver in yearly commoditie, and that the rents and whole patrimonie thereof are nowayes answerable to that proportion, and so is not sufficient the alone for the full maintenance of ane Minister, and yet neverthelesse for distance of place, or other lawful causes may be found incommodious to be united, whereby necessity will evince, that every Kirk in that estate, should be planted with their own particular Minister to serve thereat, whose provision behooves necessarily to consist of the fruits of the Benifice itself, how mean soever the same be. THEREFORE IT IS Declared that it shall be sufficient to the saids Commissioners in that case to assigne and appoint to the Minister to be planted at any sik Kirks the whole fruits perteining to the Patrimony thereof, by and attour his manse and gleibe. Which fruits are to be enjoyed by him & his successours thereafter, as their perpetual Local stipend and provision. And to the end the said Commission may take the better effect, and for ane solide order anent the provision of the saids Kirks, with their certaine definite stipend, and that it may be clearly known what shall be the proportion and quantitie of any stipend, which shall be hereafter appointed to every Minister, at any Kirk, either not provided at all, or not sufficiently provided, as said is. OUR Soveraigne LORD and Estates Declares, that the least and meanest stipend which they have appointed to be hereafter provided by the saids Commissioners to any Minister shall not be under and within the quantitie of five chalders victuall, or five hundreth marks of money, or porportionally part of victual, and part thereof in money, according as the fruits and rents of the Kirk may yeeld and afford, and as the saids Commissioners shall think expedient, effeirand to the saids five chalders victual, or five hundreth marks money, by and attour their manse and gleibe, where the whole fruits of the Kirk will extend to the quantitie foresaid, and that the greatest and most stipend which the saids Commissioners shall have power to assigne for stipend to any Minister at any of the saids Kirks, aither not planted or planted, and provided with stipends within and under the said five Chalders victuall, or five hundreth marks of money, as said is, shall not exceed the quantitie of Ten Chalders victual, or ane Thousand marks of money, and proportionally part of money, and part of victuall, at the consideration of the saids Commissioners, as they shall find by examination of the rents of the Kirk K |