Page:The Laws and Acts of Parliament of Scotland.djvu/754

 x8o The Third Parliament of IV. iy4 C T for fecuring the Teace of the Qountrie. Auguft. zy. 1 68 1. OUR SOVERAIGNE LORD, and the Eftates of Parliament, DOERatifie, and Approve, all Laws, and A<5ts of Parliament, made for fecuring the Government of the Church, as it isnow eftabliihed by Law. AND for the farther fecurity of the Peace of Church and State, as it is now eftablfhed, T H E Y do hereby STATUTE and ORDAIN, That where any perfons who are Tennents, as well in Burgh, as Land , or Servants , being dilated upon the Oath of Calumny of the Informer , ihall be found guilty, or holden as confeft , before any competent Judicatory for field-conventicles , or for referring Preach- ers who are, or ihall be, Intercommuned, or declared fugitives , upon a procefs intended againft the faids Tennents and Servants, within three Moneths after committing of the faids crimes; That their names , with their fentence, be intimate by the Judge who pronounced the fame, under form of Inftrument, to the Ma- iler, if the delinquent be a Servant, or to the Heretour, and Land- Lord , in whofeLand, and Houfes,he lives, if he be a Tennent, or Cottar: which Matter, or Heretour, fhall be oblidged within a Moneth after the faid intimation, either to pay the delinquent's fine, there being fufficient goods to fatisfie the fame, by and attour a year's rent to the Matter , or if he have not fufficient goods , to put him and his Family out of his Land or Houfe, if he be a Tennent , or Cottar; and if a Servant , out of his Service , or prefent him to Juftice; providing alwaiesthat the libel whereupon the forefaid fentence proceeded, befpecialastoacertain place, where the field -conventicle was keep'd, or there about , and alfo be fpecial as to the time , viz. a certain day of fuch a week, or one or other of the dayes of that week. AND HIS MAJESTIE, with advice , and confent of His Eftates of Parliament, DECLARES, that in this cafe, it fhall be Lawful to Heretours; to put their Tennents out of their Lands, or out of their Houles pofleft by them , at any time of the year , and that without any warning, or procefs of Removing, and that not withftanding of any tacks fet to the Ten- nents for years, or terms to run, which, in this cafe, are hereby declared to be void and null : And the Matters and Heretors are hereby authorized, and allowed, to retain as much of the goods and geir belong- ing to the faids Tennents, Cottars, and Servants, asmayfatisfy, and pay, the laft year's rent due by the Tennents, and relieve them of the faids fines. AND HIS MAJESTIE, with confent forefaid D E- C LARES, That if any man fhall reflet, or entertain, any Servant, Tennent, or Cottar, who is fo put away, he fhall be lyable to pay three years fee to the Matter who did put him away , and three years duty to the Heretor who put away his Tennent, or Cottar, if the faids Tennents , or Cottars, fo put away , be reflet, or harboured, by any other Heretour, as faid is, and ihall likewife be lyable in one hundred pounds Scots, to be payed to the King. I T I S alfo hereby STATUTE and ORDAINED, That the fines Impo- fed by former Laws upon field-conventicles, fhall be doubled , each perfon being by this Ad fynable in twice as much as he was fynable by the former Laws; except as to Burgc fies of Burghs Royal, Regality and Barony, who befides the incurring the fame fines for field- conventicles, are for the future to lofe their Burgesfhips, and liberties, and to be banifhed from the Town where they lived. AND to the end that all the Laws> againft Conventicles may be the better put to Execution, IT IS HEREBY DECLARED, that it : fhall be Lawful to His Majeftie, to nominat SherifF-deputs, Juftices of Peace, or other Commiffioners for punifhing conventicles, and fuch as are guilty of irregular Marriages, Baptifms , and invading of Minifters, V. ACT Concemingprobative Witnefles in Writs and Executions. Auguft zy. 1681. OUR SOVERAIGNE LORD Considering that by the Cuftom introduced when writing was not fo ordinary, Witnefles infert in writs, although not fubferibing, are probative Witnefles, and by their forgetfulnes may eafily difown their being witnefles. FOR REMEED whereof, His Majeftie with advice and confent of the Eftates of Parliament DOETH ENACT and DECLARE, That only fubferibing Witnefles in writs to be fubferibed by any partie hereafter,fhall be probative,and not the Wit- nefles infert not fubferibing; And that all fuch writs to be fubferibed hereafter, wherein the Writter & Witnefles are not defigned, mall be null, and are not fupplyable by condefcending upon the Writter, or the defignationot the Writter and Witnefles. AND it is farther STATUTE & DECLARED, That no witnefs Ihall fubferibe asWitnefstoanypartie'sfubfcription, unlefs he then know that partie, and faw him fubferibe, orfaw, or heard him give warrand to a Nottar , or Nottars to fubferibe for him , and in evidence thereof touch the Not* tar's pen, or that the partie did at the time of the Witnefles fubferibing acknowledge his fubfeription; Other- wife the faids Witnefles fhall be repute and puniflied, as acceflbrie to forgerie. AND SEING writting isnowfoordinary,HIS MAJESTIE with confent forefaid D O E T H ENACTandDECLARE, that no Witnefles but fubferibing Witnefles fliall be probative in inftruments of Seifing, Inftruments ot Re- fig nation ad remanentiam, inftruments of intimation of affignations , tranflations, or retro-ceflions to bands , contracts ,or other writs , which fliall happen to be fubferibed in any time hereafter : A N D THAT none