Page:The Laws and Acts of Parliament of Scotland.djvu/660

 p© The third Seffion of the fir ft Tarliament of hundred, and ninety four ; not only the forefaid Aft is ratified and approven ; but alfo , all Chamber- lains, Fewers, Cuftomers, Baillies of Burroughs, and Sheriffs, and others intromettors with the fore- saids Rents, are ordained to find caution Burgefies of Edinburgh, for yearly compearing and making compt in Exchequer. And fickhke by another Aft, Parliament fifteen , Aft two hundred and fixiy two, for preventing of the prejudice that did then arife, through the not timeous payment of the forefaids Rents, payable out of the High-lands and Ifles , the faids Fewers are Ordained to find caution to the Exchequer, for yearly and thankful payment of the yearly Rents, Duties and Services due and pay- able forth of the" Lands pofieft and occupied by them, or any other in their names ; wherein if they failed , their pretended Infeftments , and other Rights and Titles they have to any of their Lands , either property or fuperiority , are declared forfault and null Which whole Afts of Parliament re- fpeftive above-mentioned , The King's Majefty and Eftates of Parliament , taking of new to their con- sideration; and finding no means could have been more probable and conduceable, for preventing of thefe prejudices and obftruftions that have arifen to His Majefties Affairs , through the not timely pay- ment of His Rents ; and that the negleft of the exaft putting of the faids Afts to execution , hath been the only fountain from whence thefe have fprung. Therefore, and for preventing of the fame in the future, the Kings Majefty, with advice and confent of the Eftates of Parliament, doth Revive, Renew, Ratifie and Approve the forefaids Afts refpeftively and particularly above-written of the dates, tenors and contents thereof in all points , in fo far as the fame are or may be extended to the payment .or fecuring of His Majefties Rents; and Ordains the fame to have force, and to be punftu- ally obeyed and extended agaihft alLChamberlains, Fewers, Sheriffs, Stewarts of Stewartries, Bailies of Regalities, Bailies of Burroughs , and others lyable in payment of any of His Majefties Rents , for finding caution in Exchequer to theThefaurer-principaland Thefaurer-depute, who are hereby required to caufe charge the forefaids perfons, particularly above-mentioned , at the Mercat-crofs of Edinburgh to compear before them, to the effeft above-written ; with certification , not only under the pains con- tained in the refpeftive Afts of Parliament ; but alfo, in cafe of their djfobedience , to denounce them Rebels at the faid Mercat-crofs of 'Edinburgh, and to be regiftrate in the Thefaurers or general Regi- fters of Homings : Which charge, denounciation and regiftration refpeftive, the King's Majefty and Eftates of Parliament Declares to be as fufficient, to all purpofes and intents , as if the fame charge were given to them perfonally at theit dwelling- houfes, and the denounciation at the head Burgh of the Shire wherl*they live , and the fame regiftrate in the Sheriff Books thereof. And fick-like, His Majefty and Eftates of Parliament taking to their confideration, thatfeveral of the faids Fewers, charg- ed and denounced for not compearing, compting and paying of their faids Duties , do ly under the Procefs of Horning, apprehending themfelves ( from the diftance of the place ) fecure , both as to their perfons and goods, to the great contempt of His Majefties Royal Authority, flighting, contemning and vilipending His Majefties Laws : And His Majefty and Eftates of Parliament confidering, by the nature, duty and office of each Sheriff, Stewart and Bailies of Regalities, within their refpeftive Jurif- diftions, they as His Majefties Officers are obliged, and by feveral Afts of Parliament {viz. the 30. Aft Ja. 4. Tar. 3. Tar. 6. Aft 69. Aft 97. Ja. 5-. Par. 7. Aft 74. Tar. 6. Ja. 6. Aft 75-. Ja. 6. Tar. 6.) Ordained,to execute His Majefties Laws, and put letters of Poinding and Caption to execution, take and ap- prehend the Rebels, uplift their eftates and compt for the fame to the Comptroller andThefaurer,and to caufe their Clerks give in the Regifters of Hornings.and to up-lift His Majefties retoured Duties.blench duties,taxa- tions, and other duties payable to His Majefty, as not only the faids Afts of Parliament, but alfo the feveral Rols of Exchequer, bears; Whereby it appears , both by the Law, and the nature , and duty of their Office , that they ought to execute His Majefties Letters , and caufe His Majefty be payed of His Rents by the perfons lyable in payment thereof within their bounds , and that the contemners of His Majefties Authority be duly puniihed , and His Majefties Laws put to execution by them as His pro- per Officers. Therefore , the King's Majefty and Eftates of Parliament Ordains , when any of the forefaids perfons, for difobedience to the charges given to them for payment of the Mails , Farmes and Duties, as faid is , are denounced Rebels and put to the horn , Letters to be directed to charge the Sheriff of rhe Shire and his Deputes, Stewarts of Stewartry, Bailly of the Regality refpeftive, with- in thofe bounds where the faids perfons dwells or Lands lyes, to take and apprehend their perfons and put them in warde, ay and while payment be made to the Thefaurer and Thefaurer-Depute, or others appointed by them , and an eque retired thereof , or to poind and deftrinzie the readied goods and geer, and to make fale of fo much thereof; and to caufe His Majefties Thefaurer and Thefaurer- depute, and others appointed by them for that effeft, to be compleatly payed of the faid fum charged for, or to inftruft fufficient and exaft diligence for the fame, within twenty one dayes next after they be charged: With certification, if they failzie, the faids twenty one dayes being by-paft, Letters fhall be directed to charge them or their refpective cautioners, to make payment thereof themfelves , under the pain of rebellion and putting of them to the horn ; and if they failzie, to denounce them rebels , &c. in maner above-fpecified.