Page:The Laws and Acts of Parliament of Scotland.djvu/433

 XXI. PARLIAMENT. XXIII. of October. i6ix. 4 n executors for the fame : As als where the faids houfes ar fallen in decay, and fliall be built and repaired be any of the beneficed perfons upon their awne expenfes,the next Succeflbr fhall be obleifhed to give fatisfaction therefore to the Heires or Executors of the defunct at the fichtoftwo or three of the Bifhops within the Pro- vince. Provyding that the faid fatisfaction exceid not the foume of ane Thoufand pounds, if they be Pra> lats, and fyve hundreth markes, ifthey be uther inferior Minifters. 9. xAne Acl pardoning the bypaft efcaips of fime p&nall Statuts therein mentioned. rH E whilk day the Commiffion after fpecified figned be his Majeftie wes preientedbefore the Lords of articles of this prefenr Parliament of the Eftates of this prefent Kingdome, and was then heard, read and allowed of be them, and the faids Commiflionars wer defyred and requyrcd according to his Majefties graci- ous pleafure and will ftgnified therein to proceid in doing what unto them by the faid Commiffion wes direct- ed : of the whilk Commiffion the tennor folio wes. OUR SOVERAIGNE LORD, underftanding that many Lawes, and Acts of Parliament wyflie inftitut for preventing and puniiliing abufes by pecuniall paines have beinefolang neglected without any re- fearch, tryall or puniihment of the contraveiners, or exacting of the fynes and poenalties appoynted for thefe tranfgreflour.s that the moft part of the people wer led by erronious opinion to think that the negligence of his Majefties of iciars in difcoverie and perfute of the offenders againft thefe Lawes, had proceidit of his Maje- fties allowance that the faids Lawes and poenalties therein conteined mould goe in defwetude and no way be put in execution, whereby the abufe lies had fo lang toleration and the people fo conftant perfwafion that they wald not be perfued nor troubled for the fame, that the number of the guiltie is become fo great and die poenalties of their contraventions fo many,that die rigorous exaction of the fame micht turne to the overthraw of a multitude ot his Majefties fubjects. FOR Remeid whereof his MAJESTIE with advyfe and confent of the Eftates of Parliament gives and grants full power and commiffion, exprefs command, bidding and charge to George Archbifliop of Sanct- Andrewes^omArch-bifhopofGlafgow, Alexander Bilhop of Dunkeld , ZoZwEarleof Marre, Tatrik Earle of Kinghorne, David Lord Scoone, Sir David Carnegie of Kinnaird Knicht, Iohn Scrymgeour of Dudop ConftableofDondie, Sir Gedcon Cfrlurray of Elibank Knicht, lames Nifbet, Maifter Alexander IV ed- derburn, Alexander Rutherford Proved of Aberdein , Sir Thomas Hammilton Secretar to Our Soveraigne Lord, Sir William Oliphant his Highnes Advocat, or any eight of them •. toconveininwhat- fumever dayes and places neidfull and convenient, be appoyntment of the faid George Arch-bifhop of Sanct-Andrewes. There to trye and confider which of the faids poenall Lawes, and Acts of Parliament have heirtofoir beine left in fik def v vetude without any controlment or perfuite as micht have induced the fubjects to expect impuni- tie of contraveining the lame : as alfo which of the Acts & ftatuts forefaids merits Pardon for bygan contraven- tion^ which oi them are fit to be authorifed in ty me comming,fo that after the faidPublication the tranfgreflbr dhal be feverlie puniilied without any farder overficht or favour. And whatever the faids Commiflionars or any eight of them flial determin.conclude & fet down in form of Act fubfery ved with their hands,fhal have the form jftrength, lorce and effect of ane fure, perfyte and abfolut Pardon and remiffion to all whome it may concerne < ttorbypaft tranfgreffion of the forefaids Lawes, als valiablie in all refpects as if everie ane of them had ob- jteinecl a lawfull, formall and particular remiffion orderly exped under his Majefties hand and fcals, with con- lent of the ordinar officials, and with all neceflar fubftance and formaline requifit in the lyke cafes. With certification to all thofe who fliall tranfgrefie the Laws and Acts of Parliament heirafter to be published and prdeined to have force & execution in tym comming,they fhall be perfued & punifhed therefore with all extre- mitie. Ordeining alfo this Commiffion with the Acts to be made be virtue thereof to be infert and regiftrat In the buikes of Parliament, and have the force and execution of ane act of the fame. According whereunto
 * he afoir-named Commiflionars have had fundrie meitings and taking holde alfwell of the neceflltie of the pu-

lifliment of fick as have contraveined the Lawe, as of his Majefties moft gracious inclination to mercie and
 * ompaffion have concluded, decreed and determined, as after followes.

IN THE FIRST the faids Commiflionars having confideration of the Act and ftatut of Parliament nade in the Moneth of December, fourefcore feventeine yeeres, whereby all lieges were inhibit to take any urther annuell, intereft , orprofite, then according to the rate and proportion of Ten for ilk hundreth in heyeere. Determins and ordeins that the fame in alltyme hereafter fliall ftand in full force, ftrength and
 * ffect, and that the contraveiners and breakers of the fame fhall be with all rigour and extremitie punifhed ac-

ording to the appoyntment of the forefaid Act of Parliament in all points. And as for fik as are come within he compas of the breaking and violating of the faid Act in ty me paft fince the making thereof : I T is de- lared that if fik perfon as in tyme paft fince the date thereof hadi exceedit the proportion of twelve for ilk lundreth, by taking grater profite or annuell for their monye lent out fhall be in lyke fort without any miti- gation feveirly punifhed, conforme to the tennor of the faid Act of Parliament. And in lyke fort, It is de- lared that all fick perfons who fince the terme of Mertimes 1 6 1 1. yeeres, (at whilk tyme by his Majefties irection and appointment the offenders in that cafe, and violators of the forefaid Act of Parliament wer per- led ) have given out their money and taken more profite and annuell then Ten for ilk hundreth , fliall in lyke art be puniihed as breakers and contraveiners of the forefaid Act. Bot as for fik perfons who fince the date of