Page:The Laws and Acts of Parliament of Scotland.djvu/813

 COMMENDS. Atts of Parliament, &c. fTommends bygone, and in time coming difcharged, under the pain of tinfell ofcemporalityiorthepurchaflerstime, and als under the pain of rebellion, ex- cept tliacjthe Ordinar may commend for fex moneths, Ja. 3 . p. i. cap. 3. COMMISSARS. The Commiflars Judges competent toAaions of Benefices, Jam. «. par. 1. cap. 29. The Commiflars of Edinburgh appointed, two of them to be nominat by the Archbilhopof Sr. Andrews, and the other two by the Archbilhopof (jlafgo-w, with fole power to decide in all caufes of divorcement, and to reduce all other Commiflars Decreets, in prima injlantia, with fubordination neverthelefs to the Lords of Seflion, Ja. 6.p. 20. c.6. That Commiflars keep Circuits inSptingand Harveft vacance, for confirming Teftaments in places convenient in each Presbytery, and thereto cite Patties per- fonally, or at their dwelling houfes, and Kirk doors on Sabbaths alter lervice, Car. 2. p. 2. Seff 1. cap. 19. COMMISSION. That no Commiflion be given fotferving of Brieves, or comprifling of Lands, but to the Judge ordinary, unlefshe be called to the giving thereof, Ja. s.p.6, cap- 82. Tbe King may give Commiflion to tty Fornicators, Ja.6.p. r. cap. 13. As al- fo to try fuch as (hoot at Doe and Rae, Cunney, Hate, Dove, &c lbidc.. As alfo. to try flayers of black Fifli and Smolts, and cutters of green Wood- Ibid. cap. 30. Asallo, tocettainperfonsineachraroch, for executing the Ail for obfervati- on of the Sabbath, Ja. 6. p. j.c. 70. And the Aft about Beggers, Ja. 6. p. 6. c. 74. And the Aft for punching the obfetvers of fuperftitious Rites, Ja. 6. p. 7. c. r 04. AllfpecialCommiflionsof Jufticiaryihouldbe made By Signatures, and pafs the Quarter Seal, that the Refpondees may be made thereon; and the obtainer lhould find foverty at the Chancellary, to report his diligence within fourty days, under the pauvof fourty pounds : And that no Commiflion be granted on daugh- ter, but the Chief Juftice and his Deputes to proceed thereupon, Jam. 6. par. 11. cap. 75. Aft dilcharging all Commiflions of Judiciary granted of before, and that none be gtanted hereafter genetally, or longer then fot the eirand in hand, and upon Caution to produce the Frocefs, and pay the ifliics to the King, as effiers, Ja. 6.p.t2.c. 126. That Commiflions for executing of Penal Statutes be only granted to honed men of good quality, fufBciently authorized by the Lotds of Secret Council for that effect, Ja.6.p. 23.C.23. His Majelty may nominat Sheriff Deputes, Juftices of Teace, ot other Com- miflioners for executing the Laws againft Field Conventicles, ittegular Marri- ages and Baptifms, and invading of Minifters, Car. 2. p. 3. c. 4. His Majelty may by himlelf, or any Commiflionatbyhim, take cognition and decifionofanycafeorcaufehepleafes, /W.cap. is. Se the Aft in Ki,"g- COMMISSIONERS to PARLIAMENTS and CONVENTIONS. ^Parliaments. COMMUNION, or LORDS SUPPER. ThattheTarfonsof all Paroch Kirks furnifh Bread and Wine to the Communi- on, fo oft as it fliall be adminiflrat, Ja. 6. p. 3 . c. 54. That all men Communicat once a year, without tefpeft toiheexcufe of deadly Feede, under the pains,i//z.. the Eatl of a thoufand pounds, the Lord of a thoufand merks, the Baton of thtee hundted pounds, the Free-holder thtee hundred merks, the Yeomen fourty pounds, and the Burgeflcs as the Council fliall modifie, Jam. 6- p. 16.C. 17. See Fifloing and CMamtfa- COMPANIES. Cturies. COMPENSATION. That Compenfation dc liauido in licjuidnm, indwtly verified by Writ or Oath, be admitted by all Judges before Decreet, but not by way of Sulpenlion, or Reducti- on of the fame Decteet, Ja. 6. p. I2.c> 141. COMPRISING. That failzieing the Debitots Moveables, the Shiteffcaufe fell his Land, and pay the debt redeemable by the Debitor, upon payment of the price and expence to the over- Lord, forChartet, Selling, and Inteftment; andif the Sheriff" find not a Buyer, that he caufe Apptifle the Land, by thirteen of the wotthied of the Shite, and afligntothe Creditorto the avail of his fum. Item, That the over-Lord re- ceive the Creditor, ortheBuyer, upon paymentof an years Maill. as the Land is let for the time, orelfehemay take the Land to himfelf, audundergang the debt, Ja. 3. p. s.cap. 37. That the Comprifler within the Legal, have only right to as much of the Maills 8c duties as correfponds to the Annualrent of rhe principal fum comprified for, and if the Maills and Duties exceed, and he pleafe to intr jmet therewith, that they be a- fcribed in paymentof his principal fum, pre tanto; And if his faid intromiflion ihall extend to as much as will fatisfie the principal fum, and Annualrents thereof, rhe expences in palling and obtaining of lnfeftment from the Supetiour, with the Annualrent of the faids expences,and the neceflary charges and expences made in leading the Comprifling, then the Comprifling to expire ipjofaelo. Item, The Le- gall does not run againft a Minor, but he may redeem by payment, as faid is, at any time within his perfect age of twenty five years compleat: Yet if the feven years of the Legal run out in his Minority, the Comprifler thereafter hathrightto the whole Mailles and Duties,albeit they exceed hisAnnalrent. Item,{ a Minor fuccecd to a Minor, he hath rightto redeem, as if the Comprilfing had beenled againft himfelf. Item, If a Majorfucceed to aMinor, after the feven years run againft the Minot, then the Major hath only year and day to redeem; buc if the feven yea ts were not out-run in the Minors time, then the Major may redeem with- in thefeven, as iftheComptifling had been led againft himlelf : Butir theRent of the Lands comprifed, do not render to the Comptiffer his Annualrent,then Ma- jot or Minor redeeming, muft compleat the fame: Andifthe Rent of the Land be Viftual, then it is to be eftimat by the common prices of the Shite, betwixt Tail and Candlemas. Item, This Aft extends not to Compriflings expired before its date, Ja. 6. p. 23: c. 6. ^4nno 1621. And this again Ratified as to Minors, butcor- reftedin that, that Minots, during their Minority, are only obi idged for the An- nualrent of the fums in the Comprifling, and lofe not the right of the fuper-plut Maills, Car. 2.p. i.Seff. s.c. to. II A Comprifler of Lands holden of the King, wanting his Authors Chatter under the Great Seal, may extraft it offthe Privy Seal, ifitbenot Regiftrat atthe Great leaJ, and get the Great Seal appended to it at any time, providing this prejudge not a third Party, who hath an lnfeftment of thefe Lands pafied the Great Seal prior to the uid lnfeftment fo pad the Great Seal, which is only of force againft tne 1 erlon from whom theLands were comprifled.and his Airs and Succeflbrs, Ta <5-p- 23. cap. 8. J Aft dilcharging the Regiftration of Compriflings, but ordaining them to be al- lowed and recorded within lixty days afterthe date, otherwayes a poftetior Com- pelling firft recorded to be pteteired, astothisftep of diligence; but prejudice or farther diligence by Charges, &c. from I;««, Car. 2. p. 1. Sett r. cap, 3 1. The legal reverfion of all Compriflings, eithertobe led, orwhereof the Let-al not then expired, extended to ten years: As alfo the Revetfkms of all Comprif- lings led iincejrMKar?, i6 S z. orwhereof the Legallsnot then expired .prorogued, tor three years after Wbitfimdaj, ,661. Item, Where the Rent of the Lands ex- ceeds the Annualrent of the hi and to be led in time coming, before the date of the firft effectual Computing, (Thatistoiay, the Comprihng preferable in refpeft of lnfeftment thereon, or tirlt exaft diligence for obtaining the fame) or after, but within year and day thereoi, come m pari pap;, thepofteiiot (or not preferable ) Compriflers, al- wayes latisf ying the fii ft effeaual Comprifler of his whole expences : And except- ing herefrom all Compriflings for real Annualrents, and other debit a fundi, which are to be effectual and preferable, according to the Laws and piafticque now ftanding. Item, If a Comprifler be defirous to take Lands in fecunty or fatisfa- ttion ot his debt, the Debitor mall be holden to give the fame at the Lords of Sef- lion then fight, ot otherwayes fliall forteit all benefit of this Aft, Car. 2.p.i.Seff. I.e. 62. ^AnnoltlSl. Butthere is an exception made from this Aft, as to Comptiflets coming in pari pajju, whcrealecondCompriffer hath f.itisfied the firft, and acquired right to it, bona fide, before the making ot the faid Aft, in which cafe he is not to be prejudg- ed as 10 his right ot the forefaid firft fomprifing, and only his own fecond Com- prihng, is to come uiparipajfu with the reft, Car. 2. p. 1. Self. s.c. 22. COMPTROLLER. That the Comptroller charge himielf with the whole Rent of his Kighnefs Pro- perty, and be anlwerable for all the temoveable Chamberlains, as being in-put by himfelf, and that he do diligence againd fuch as arc Heretable, Jam. 6. par, 11. cap. 67. J r That no precept, otdifcharge of the property be allowed in Excheker, ex- cept lublcribcd, and excepted by rue Comptroller. Ibid. cap. 67. Sec t-schcek^r. c All few Infeftments, or Confirmations of the Property, whereby the date of the Lands is altered, notfubfetibedby the Comptroller, andpafling'bis Regifter are null, la. 6. p. 12. c. 127. Ratified and extended to all Infeftments of the Pro- perty in genetal, lam. 6. p. 13. c. 171. CONDITION. That noun-lawful, or impoflible conditions be made in Contracts, ot Obliga- tions, fuch as for a Party to confent that what ever be his dittance, a Charge upon 1 fhortday, andDenounciation,bothat the Metcat-crofs of Edinburgh, with Regi- ftration in the Shertiffs- books there, fliall be fufficient, bur the fame are here de- clared un-lawful, and void, lam. 6. p. 12. c. 138. CONFESSION of FAITH, SeeMinifter, Papift, Religion. Ait Annulling all former Aits of Parliament not agreeing with Gods Word,and contrary to the ConfeflionofFa/rt, Ratified in this Parliament, and whereof the tenotisfubjoynedtotheAit.Ia. 6. p. i.e. 3. The Conteflionof Faith, and Doctrine of the Proteftants of Scotland, autho- rifed by the Eftatesof Parliament as a Dofttine founded on the infallible Wotd of God, and wheteof the heads follow , Firft, of God. 2. Of the Creation of Man. 3. Of Original fin. 4. Of the Revelation of the ptomife. $. The continuance, encreafe , and prefervation of the Kirk. 6. Of the Incarnation of CHRIST JESUS. 7. Why it behoved the Mediatot to be verie God, and vcneMan. 8. Eleftion. 9. Chrifts Death, Paflion, and Burial. 10. Re- furreition. 1 1 . Afcenfion. 12. Faith in die Holy Ghoft. 13. The caufe of gude Works. 14 (But in the Old Copies marked 15.) what works are reputed good before God. is- The perfection of the Law, and Imperfeition of Man. 16. Of theKirk. 17. The Immortality of the Soul. 18. Of the Notes bythe v.hilk the true Kirk is difcerned from thefalfe, and who fliall be judge of the Doctrine. 19. Theau- thority ot the Scripture. 20. Of General Councils, of their power, authority, and caufe of their Convention. 21. Of the Sacraments. 22. Of the right ad- miniftration of the Sacraments. 23. To whom Sactaments appertain. 24. Of the Civil Magiflrat. 25. The Gifts freely given ro the Kirk. Ihir Aits, and Arti- cles Read, and Ratified by the Three Eftates , upon the Seventeen day of ^iugufi, 1560, Jam. 6. p. i.e. 3. That all Miniftersof Kirks, or beneficed Perfons, or whohath penfion, or por- tion, forth of Benefice within a Moneth after his adrr.iflion , fubferibe the Con- fedion of Faith, and give his Oath for acknowledging his Majedy, and makepu- blickProfesfionof both in the Kirk, where he hath irtereft on a Sabbath day the time of Divine Service. Item, thatany fuch Perfon maintaining anv Doitiine di- reftly contrary to any Atticle of the faid Confesfion, and perfifling", or relapfing after admonition , be deprived of his Church living, lam. 6. pat. 3.C. 46. Item, that no licence given to any fuch Perfon , ro depart, and remain forth of the Re- alm without skaith or hazard , beof anyeffeft, in prejudice of the faid Aft, or of the Perfons provided to benefices vacking by vertue thereof, lam. 6. par. 7, cap. 106. CONFIRMATION of IN FEFT- M E N T S. ThatinallKitk, or Crown Lands holden of the King , the firft Confirmation be of avail, and ptevail the fecond Confirmation by way of exception , orreply, al- beit it be of the firft lnfeftment , without prejudice to tiiefe having intereft to quar- rel the lnfeftment confirmed upon nullities, or other reafons competent. Item, thatnbTuch double Confirmations be granted thereafter, and that the keepersof the Seals do not pafs , as alfo that the lecond Cbnfiimation be of none avail , lam. 6. P- 5-C. 66. C 1 CON-