Page:The Laws and Acts of Parliament of Scotland.djvu/814

 An t_Abridgement of the Kirk-lands, See CONFIRMATION of Kirk, and Kirk-lands. CONJUNCT-FIAR., A Woman Conjunft-fiar Ratifying her confent, to the alienation of the Lands made by lict Husband, by hct Oath in Judgement, that She ihall not come in the contrary, will not be heard to cjuarrelit, or alledge tompulfion, lam. 3. p. 11. cap. 84. Tint ihe Conjunft-fiar, or Life-renter, required by the Shiteff, orBaiilie, find fovertynotto deftroy the Lands or Houfes, but hold them iafuch cafe as fie finds them, the Aftprovids alio reafonable living for the Aire; but this part of it feems only rorefpeftthe Wardator, la. 4. p. 3. c. 25, SeelVardator. This Aft Ratified, and the Shirreffs, and Other Ofticiarsftriftlyenjoyned to put the fame to Execution when required j and impowered to charge for the faid So- verty on Twenty one dayes, under the pain of the Tinfcl of the profiles ot the Lands, lam. j. p. 4. c. is. And both thefe Afts ratified, and extended to Lands given in Conjunft-fee , as well to Burgh as to Land, with a particular order for the execution thereof within Surgh, Ia:6:p: I4:cap:226. Ctt itia Burgh. CONSERVATOR, See Low-countries. That the Confervator have jurifdiftion to judge with Sex > or at left Four honed Merchants with him, betwixt Merchant and Merchant beyond Seas, and that no Merchant perfew another before any other Judge, under the pain of Fivepoimds, and the Parties expences* Jam. 4: p: 6: cap: 81. That the Confervator come home yearly, or fend a Procurator to anfwer for him, under the pain of Tinfel of lus Office, and of Twenty pounds great to the King, Ibid: cap: 82. That the Conlervator admit no focquet, exc;ptthe Merchants, Skippers, and Factors, fwear that they have no forbidden gudes, nor no lawful gudes befide whatitisin the focquet, and thatthey know of none in the Ship pertaining to others 4 and that 1*9 far as rhey know, all the gudes pertain to Free-men , as alfo, that before the loadning of the Ship for her return, they fwear that the gudes per- tain to themfelvs, and not to Strangers, otherwayes the Confervator may arreft the Ship, and gudes, at left all the gudes of the tefufer, lam: 6: par: 15: cap.- 257- The Confervator ihould put the A£b againft uturie to Execution, upon all Scots Merchants, Skippers, and Factors, in the Loin-countries, and compt thereupon to the Thefaurer, Ibid: cap: 25s. CONSTABLE of SCOTLAND. That the Conftable, his Deputes, and Minifters , take no diftrefles tha time of the Seffion, or Parliament, of things brought to Mercat until! his Infeftment be feen, la: 2: p: 1 3 : cap: 6a. That in Parliament time, or Fairs, great Conftables ufe no extortion fot what they call their Fees, la: 3: p: 5: cap: 34. Seeit in Fairs. CONSTABLES, See Ju dices of Peace. CONVENTICLE. All Gonventicles, or privat meetings in Houfes, under the pretence ofReligi- ©usexercifesdifcharged, Car:2:p:i. SelT: 2: cap: 4. That no owed Mmifter, or Other not licenied by the Council, or by the Bi- fhops, preach, expone Scripture, or pray in any meeting , except in their own Houfes, and to thofeoftheir own Families, and that none be prefent at anyfuch unlawful meeting, under the pain of being guiltyof keeping Gonventicles, and the Preacher, Exponer, or Prayer, tobelmprilbneduntillhefind Caution, un- der the pain of Five Thoufand merks not to doe the like, or cnaft himfelf to re- move oat of the Kingdom, and not to return without His Majeftie's licenfe, and the Perfons prefent to be fined, eachHeretor, Life-ientet, or Wodfctter, in a fourth of his valued rent, eachTennent, and Merchant, orcheifTradfmnn, out withBurghs Royal, in Twenty Fiveppunds , and each Cotter, and Inferiour Tradf- man, in Tvielf pounds Scots, and each fervingMan, in the fourth part of his years fie, and that for Wives, and Children in Familie tranfgresfing , the half of the faid refpeftive fines be payed, and if the Matter, orMiftrefsof theHoufebe prefent.that they be fined in the double, and that all be Imprifoned untill they make payment, and farther at theCouncilspleafure, and Magiftratsof Burghs Royal, ate declared to be lyablc for every Conventicle withi n Burgh, as the Council ihall determine, forwhichthey rtullhave theit relief of the Matter of the Houfe, and Others prefent, at the fight of the Lotds of Council , Referving neverthelefs to the Privy Council, to fine the laids Inhabitants if they pleafe for Gonventicles, either within, or without Burgh. Item, thatwhounlicenfed as faid is ihall Preach, Ex. pone Scripture, or Pray at a feild meeting, or in any Houfe where there be more nor the Houfe contains, fo as lbme be without Doors, (which is declared to be a Feild-Conventicle) orwhofhall Convocat any number to thefe meetings, that they be puniihed with death, and efcheat of gudes, and theApprehender of fuch Perfons to have Five Hundred merks re-ward, and Heretors, &c- and all others prefent, to be fined in the double of the finesabove fet down, but prejudice of any- other punifhment due by Law, and the Execution of the Ad iscommitted to Shir- tens, Stewards, and Lords of Regality, giving to them the fines of all, except Heretors for whofe fines they are to be countable, and they, and Magiftrats of Burghs, are declared punifliable for the negligence, and this Aft to indute for three years, unlefs his Majefty continue itlonger, Car. 2. par. 2. Sell". 2. cap. 5. This Aft continue fot other three years, after the expiration of the firft three, and longer as his Majefty ftull appoint, and that Magiftrats of Burghs be careful to .Execut the fame upon tlieir own Burgefles , and they , and the other Judges above- named, be diligent, and give accompt of their diligence yearly the firft ThurP dtyol July, to His Majeftie's Council, under the pain of Five Hundred merits, Car. 2. p. 2. Sell! 3- c. 17. The torefaid pains of field-Conventicles doubled , except as to Burgefles of Burghs Royal, and of Regality, andBatrony, and they, belide the former fine, are ordained to lofs there fiurgesfhips, and be baniihed the Town , Car. 2. par. 3, cap. 4. This Aft doeth not exprefly continue the former Afts, but fuppofes them to be continued as they hereby his Majeftie's pleafure fignified to the Council-

CONVENTION of ESTATES, See Parliament.

The Convention of Estates, 1643. Held without warrant from His Majefty, iefcinded, with all the Axts thereof, Ca. 2. p. 1. Sess 1. c. 6.

Convention of Estates holden at Edinburgh, the 4 August, 1665. And Act thereof for railing a Taxation to His Majesty of 40. shillings the pound Land of old extent, termly, or yearly, for five years, beginning the first term or year, at Whit-sonday 1666, and proportionally upon the spiritual State, and Burrowes, Act of Convention 4 August, 1665.

Convention of Eftates holden at Edinburgh, the Twenty third day oijuimtrj I6fi7,and Aft thereof for railing of Seventy two Thoufand poundsMonethJy to His Majefty, for Twelve Moneths after the faid Moneth ot January, inclufive. Aft of Convention 23 of January, 1667. Convention ofEftates holden at Edinburgh injuly,i6jt, and Aft thereof for railing of Twenty five Moneths Cefs, extending to Eighteen Hundred Thoufand pounds Scots, to His Majefty , in Five years lpace , being Five Moneths Cftfs yearly, tobe payed at two terms in the year, beginning the flrft term at Marti- mels, 1 67 8, Aft of Convention 10. July, 1 67 s, See'Sstpplic. CONVOCATION Un-lawfull, See Leagues. thatnone prefume to Convocat, Convee», OrAlTemLle themfelvs, for" hold- ing of Councils, Conventions, or Aflemblies, to treat, coufult, and deter- mine, many matter of State, Civill, or Ecclefiaftick, except in the ordinarie Judgements, without the Kings command, orexprefs Licence, under the pain of un-lawfull Convocations, Jam. 6. p. 8, cap. 131. Revived , and Ratified , and that to explain this Aft, as that they are not to extend to Conventions, ire Holdea net for prefervationofthe King Religion, and Laws, and good of the Kirk , and Kingdom, is a falfe and difloyal Glofs, Cat 2. p. 1. SefT, 1. cap. 4. CORNES, See Vuftual. ThatwiltullDeftroyers, and Cutteis of growand Comes, be puniflied, to the death as Theives, la. 6. p. 1 1 . c, 8 2. COVENANT, See Leagues. The National Covenant as fworn, and explained , in the year 1*38. And the Solemne League and Covenant, declarednull, and void, Car. z. par. 1. Sefl"2 cap. 2. COUNCIL, Wholnvades, orPerfewany of hisHighnefsSeiiTon, Secret Council, or Offi- ciars , it being verified , and tried , that the fame was done for doing Of the Kings Service, ihall be puniihed todeath, Ja. 6. p. 16. c. 4. Coromisfion to the Councilfor ordering the home bringing of Bullion, and dip- charging the tranfporring of Gold, Silver, and fotbidden gudes under fuch pains as they ihall think fit. Ibid. cap. 9. " r Aft Ratifying the CommifTion given by King James the 6th, ^iprili603. To the Lords of Council: Toreceaverefignationsof LandshoJdenofhis Majefty and give Infeftments thereupon, together withthefaidslnfeftments; as alfo all Con- firmations granted by His Majeftie's ordinary Officiares, declaring the fame paf- ling His Majeftie's Cafhet, and other Regifters, and Seals tobe as valide, as if they had paft under His Majeftie's own hand, Ja.6. p.zo.c.14. The Kings Council impowered to appoint prices for Writs omitted in the Aft of Patliament made thereanent, Ja. 6. p. 23. c. 19. As alfo to fet down and impofe penalties for Juftices of Peace, not koeping their meetings, as alfo to amplifie, and enlarge the power of the fa ids Juftice , asthey ihall fee cau re, Car. i.p. i.e. 25. As alfo to fet prices to Ale, Drinking Beir, and Bread s Car. 2. par. 2. Sell" r cap. 15. As alfo to lay on moderat Cuftomes. at Bridges, Caufaes, and Ferries for repairing , and upholding the fame , in cafe the ftent appointed by the Aft be not fufficient, Car. 2. p. 2. SefT. i.e. 16. Seeitin Wayes. COURTS. That all men come to Courts iafober manner, with no more nor are in hisdaylie houfhold , and that they lay by theit Weapons , and Shirreffs put Perfons at feede 1 under Laborrows, Jam. 2. p. 14. cap. 82. Ratified, Jam. 3. p. >4. c. 104, andja. 6. p. 8. cap. 140. That no man ride to Courts with more Perfons, then they may fuftain in houf- hold daylie, except the Kings Officials in the Execution of Juftice, or for forth bearing of the Kings authority, Jam. j, p. 4. c- 28. In what maner Perions Ihould compeat in Criminal caufes, Q..M. P. 6. cap. 41. See it in Crimes , and both this Aft with the former, Ja. 2. p. 14. c. 82. Ratified undet the pain of un-lawful Convocation, afwell againft thefe Convocat, as the Convocater, Ja. 6. p. 8. c. 140. That all Judges fence and keep their Courts, atthehourofcaule, which is da* clared to the Eleven hours before iroone, [a. 6 p. 1 i.e. s 6. COURTS of GUERRA. That no Courts ofGuerra be holden, by no manner of Perfon, under the pain of Slaughter, Reiff, and Ufurpation on ther Kings Lieges, and his Authority, Ja.3-p. 8.C.70. HEAD-COURTS. That Free-holders compear at the Three Head-Coutts, Jam. I; par. s>. cap. 13.0. See it in Free-holders. That all Sheriffs, Stewarts, and Baillies, hold their Three head-Courts by themfelvs, in proper Perfon, and that all Free-holders give Suit, and prefence, if they owe the lime, or fend fufficient Suiters, if they owe but Suit, Jam. 5. p 6. c. 71. CRAFTS, andCRAF T-M E N, or WORK-MEN. That ilk Craft have a Deacon, tobecholen by the Craft, with confent of the Officiar, of the Town, for governing and eflaying all works, before the Craft- men of that Craft, Jam. 1. p. 2. c. 39. That thir Deacons ftand till the next Parliament, but have no Correction of the Craft, but allanerly eflay their Work, Ja. 1. p. 5.C.77. That the Aldermen, and Council of ilk Burgh upon Oath piize"rhe matter and travellof Work-men, and made work, and make the price known to all Ibid. cap. 78. And that they ordain Work- mens- fies. Jbid.jg. That no Work-man take more work in hand nor he may fulfill , under ihe pain of the value to the King , befide the fulfilling to the Party , and that where a Work- man lets to fulfill his work , another if free of other Mens work refufe not for juft fie, otherwayes to be puniihed at the Kings will, Ibid. cap. 80, and Jam. 5. p. 7. cm • Deacons of Crafts difcharged , and the former Afts, appoynting them revoked. Ja. i.p. 6. c- 86. That Councils in Burghs choife a Warden of every Crafr, with Affiftants to prize the matter, and Workmanfhip of ilk Craft , and punifli the Offenders, andrhatin Shires, Barrons gat prize in their Barronics, and puniih accordingly, Ja. i.p. 7. c. 103. See Prices. That