Page:The Laws and Acts of Parliament of Scotland.djvu/816

 xjln Abridgement of the skins fix (cole, and the dozen of Cloith twelve e'lns allanerly , Jam. 6. par. 7. cap. 18. The taking of unlawful Cuftoms difcharged, under the pain of oppreffion, and that no Cuftome be takes, but according ro our old Laws and Afts of Parlia- ment, and whereupon the up-takers have fpecialwarrand , atleaft have been in poffeffion paft memory of man, la. 6.p. ir.c. 54. That Cuftomers and Searchers committing fraud, in fuffering forbidden goods tobetranfported, tine their moveables, and that their perfons be in the Kings will, ibid.c. 89. Item, Thattheycompearyearly in Exchequer, and make faith that they have done their duty truly ; and if they be found guilty of fuffering forbidden or uncu- ftomed goods to be tranfported, that they be deprived, and tine their moveables* Ja. 6. p. 13 c. t68. That all Tacks of Engli/b Cloath be brought whole unbroken up to the Cuftome- houfe, and that no Engtijb Goods be concealed, in defraud of the Cuftome,Under pain of confutation if found, and of the avail if not found. Item, Cuftomers areimpoweredtofearchBuithsandHoufes, and confifcar, and intromet with all Englijh Goods uncuftomed.or Englifl: Cloaths unfealed ; and if need beis,to make Doors and other lock-faft Looms open, and that the refifters be puniihed as de- forcers. Item, That Magiftrats of Burghs give concurrence when required, la. The Affile Herring are a part of the Kings Cuftoms, la. 6. p. r 5. c. 237- That all Cloath and other Merchandife whatfoever brought from Forraign parts, pay Cuftome at the amval,at the rate of twelve pennies per pound of the value ; and that therefore an A, B, C. be made of thefe Wares, and their prices; as alfo, of fuch Goods tranfported as are not in the A, B,C. thereof already made : Bat pre- judice to Noble-men, Barons, and Free-holders, of their priviledge of fending their Goods outward, and bringing home Wines, Cloath, and other Furniihing for their own ufe, ibid. c.'2jr. See the Aft la. 6. p. 12. cap. 152. inBargh. That the forbidden goods after-mentioned, if licenfed to be tranfported, pay Cuftome as follows; Theftoneof Wool fivefliiliings, the dozen of ells ofLin- ntaClouhfour fliillings, and each Boll of Vi&uzl fivefliiliings , and each pounds worth of forbidden Englifli Ware licenfed to be imported, twelve pennies, Ja. 6. p. 6. cap. 254. That none import or export uncuftomed goods, under pain of efcheat of their Moveables, the uncuftomed goods to be medledwithby the Comptroller, the reft by the Thefaurer : And Licences not p ailed in Council. and through the whole Seals, andcomponed, are declared null, la. 6. p. 16. c. 15. That each Web, Peece, or Steik of Cloath, Silk, or Stuff imported, be fealed by the Cuftomers before it be prefented to Mercat,under the pain of efcheat there- of; And they are impoweredro require and take the Oaths of Merchants anent what goods they had then uncuftomed, and to Seal thefe with their other goods al- ready Cuftomed, la. 6. p. 16.C. 24. That the Cuftomers keep a Book, and take notice of all goods exported, or im- ported to and from England, to be fent twice a year to the Cuftomers of England, upon the like performance from them, and they fend returns for difcharging of Bonds mutually to one another, la. 6. par. 18. cap. 6. Seethe reft of the Aft in England. Aft difcharging all Cuftoms and Impolitions not allowed by Afts of Parliament, cfpecially the late two and an half per cent, and four pounds on the Tun of Wine, and all railing of Cuftoms without confent of Parliament : As alfo, the taking of Merchants, Mafters, or Mariners Oaths, in matters of Cuftoms. Item, That all goods imported, and again exported, paying inward Cuftome, be free of outward, as the ufe is in England. Item, Upon confent of the Burrows, a Commiflion is ordered to be drawn to the Exchequer to eftabliih the Books of Rates, as the price of Merchandice now rules, Car. 2. p. 1. Seff. r. c. 57. Aft concerning the Cuftoms and Excite, and how the not payersof the Cuftoms may be proceeded againft, and put to their Oath, notwithftanding any former Afts, Car. 2. p. 2. Sell r. cap. 12. Seethe Aft in Excife. Cuftoms augmented on Tart and Iron imported, ibid, cap. 14. Cuftome of Brandy imported, eight pounds per Tun, and of Mum-bear twen- tyJbiUings per Barrel, the Barrel notexceeding twelve Gallons, Car. 2. p. 2. Seff. 4. cap. 2. D DAMAGE. See Exfence- DEACON. See Craft. D E A N of G I LL D. See Gild. DEERE. See Wilde Beafls. DEBITOR and CREDITOR. Difcharge of perfonal execution for fex years after Whitfanday, ifiSr. For all debts exceeding a thoufand pounds contracted before Whitfunday, 16J8. In man> ner provided in the Aft. But in cafe aDebitor have voluntarly renounced the bene- fitof'any Aft of this nature, made or to be made, the fame is declared to be of force, and effectual. As alfo, that the Laws, as to all debts and payments, (hall be obferved inviolably hereafter, Car. 2. p. 1 . Seff. r. c. 62. The reft of this Aft is in Comprijfings and Wod/cts. DEBT PUBLICK. Aft difcharging fuch as during the late troubles, gave Bonds for fums imploy- ed tor the ufe of the Publick, and their Airs and Executors, with the faids Bonds themfelves, and all that hath followed , or may follow thereupon [implicit cr, providing the perfons claiming the benefit hereof take the Tefi : That is, the prin- cipal Debitor for himfelf, and his Cautioners, orifhedonot, each Cautioner for his ownpart: Difpenfing with the Airs and Executors of the late Duke ofSo- thes, Car. 2. p. 3. c. 26. DECLARATION. Aft for figning the Declaration therein (et down , by all in Publick Titili at or before their admiffion thereto, under the pain, that if they enter or exer'ce' without doing the fame, they flialt be puniflied as ufurpers of his Majefties Autho- rity, and their places difpofed upon to others, Car. 2. p. 1. Seff. 2. c'. j. The fame again enjoyned, with the method how and when the fame is to be figned by all in prefent Truft;. and fuch as refufe, when elefted to be Magiftrates, Clerks, or of the Council of Burghs, to fign this Declaration, do alfo farther a- mit their liberty as Burgeffes, ibid. Seff. 3 . c. 3. SeeTeJ} DECLINATOUR. The Aft la. 6. p. r4. c. 21 2.That no Lord of the Seffion fit or vote in the caiifei of their Father, Brother, and Son, extended to the like degrees in Affinity, to wit, Father-Brother, and Son in Law. As alfo, that they do not (it or vote where they are Uncle, or Nephew to either party. And this Aft extended to the Lords of Council, Exchequer, and Judiciary ,and all other ludges, who maybe declin- ed, when related in the degrees forefaid, Car.2. p. 3-c. 13. DECREET. That on all Decreets given by the Lords of Seffion, or other Decreets whereunfo thetr Authority is interponed, Letters as well of Horning as Poynding be direft, whether the Decreet be given for a liquid fum, or that the execution confift in failo : And that noSufpenfion be granted, except real offer be made, and refufed, and uponConfignation, confideration alwayes had of the dayes of the Charge, diftance of the Party, and quantity of thebums, la. 6. p. 8. c. 139. DEFENCE of the REALM. See Hofi and IVeapon-Jhawings. DEFENDER. The Defender not compearing fhould beDecreered incofts and skaiths to the Party compearing, andfeurty fljillings totheludgc la. 4.^.3. c. 30. ■ Perfons accufed of Treafon, or other Crimes, may freely defend themfelves by Advocats, la. 6. p. r 1. c. 3 8. See ^Advoeats. DEFORCEMENT. That the Lords proceed fummarlv in aftions of Deforcement, to put them t« a point without intermiflion, and the Perfons convift of Deforcement, to be pu- niflied by efcheat of Moveables, and in their peifons, at the Kings will, and that their Efcheat be burdened with the payment of the debt,the Parties expences high- ly taxed, and a fum to be modified by the Lords for their damage in the firft place, la. 6. p.7.c ir8. Deforcers of Officiars in executing their Office, may be called Civilly 01 Crimi- nally, and their lives and goods are in the Kings will, la. 6. p. ri.c.84. An Officer or Sheriff in that part, being Deforced, Molefted, Invaded, ot purfued, to the eflufion of blood, in the executing of any Summonds, or Decreet by theperfoafummoned or Charged, or any other of their caufing, the Deforcet or Invader tines all his Moveables, half to the King, half to the Party, and the Execution is declared lawful, la. 6. p. 12. c. 1 jo. DEMEMBRATION. Demembration by forethought Fellony, punifliabie by death, Jam. 4. pat. =. cap. 28. DENOUNCIATION See Homing. DEPONING againft DELINQUENTS. Aft declaring it to be the duty of every Subjeft, without exception, to declare and depone upon Oath, when called by the Privy Council, or any Other having authority from his Majefty, their knowledge of any Crime againft the publick Laws and peace of the Kingdom, efpecially of Conventicles and othet unlawful Meetings, and of the Perfons prefent, and things done therein, or of the relet- ting or intercoinmuning with Fugitives, and Rebels; and that who refufe, or de- lay, be punithed by fining, imprifonmenr, or banifhment to the Plantations in. the Indies, or elfe where, as the CouUcil fliall think fit, provided that no mans de- pofition againft another, fliall infer againft himfelf, lofsoflife, or member, 01 baniflimenr, Car. 2. p. 2. Seff. 2. cap. 2. DEPREDATION, SeeRobkrie, and Spuilzie. DICE, SeeCARDES. DELAPIDATION. That Minifters provided to Benefices under Prelacies, make no difpofitibn of the Rents thereof, to the prejudice of their Succeffors, or Diminution of the Rental, under the pain of Deprivation, both from Office, and Benefice, and there Set, and Location, be decerned null, la. 6. p. 7. c. rot. That all Perfons provided to Bifliopricks, and other Benefices, whatfoevet at hisHighnefsprefentation, find Caution to the Clerk at the paffing of their Signa- tures, to leave the fame at their Deceafe, or Dimiffion unhurt, or vitiat, and allFews, Tacks, Penfions, changing of Viftual into money, or "other Difpofi- tion in the contrary, are declared null, Ia.fi.p. ro.c. 11. Ratified, and that no Perfon provided to a Bilhoprick, difpone ot give in pen- fion , any part thereof, to iudure longer then heihall bmick the faid Bilhoprick, and ifhe fliall difmember any part thereof , the fame to be a deed of Delapidati- on. Item, thatnoBiihopfet in Few,, or Tack, ot Difpone otherwayes of any part of their Benefice, without confentof their Chapters, orgreareftpartofthem. but no neceffity that the Chapter be Chapterlie conveened for that effect. Item , that tental be made of their Bifliopricks, to remain in their Integrity in all time coming, la . 6. p. r 8 . c. 3 . See Bijhop. Ratified, declaring all Tack* of Suotes of Teftaments , or other Cafua- lities pertaining to Prelates, to be let in time coming to be null, and that they can only difpone , orfet the fame during their own lite-times allanerly, la. 6. p. 22. cap. 5. DISSOLUTION, See Annexation. Aft of Diffolution, that His Majefty may fee] all his Lands annexed, or not,in: Few- term, fua that it be without Diminution of his Rental, and other dewries. Item, the Diflolution is but for the Kings life, albeit the few let by vcrtue thereof itand perpetually, la. 4. p. «. c. 90. Aft of Diflolution, lam. 5, fua that it be not in dimiuition, but in augmentation oftheRental. Ia.5.p.7.c.nS. Aft of Diffolution, lam. 6. In order to the feting of Fews, Provyding they be. not fet within the juft avail, which is declared to be the dewtie , to which the Lands are or may be retoured for the new extent. la. 6. p. 9. c.S. ^innai$%^.. Refcind- ed ^Anno 1594. As alfo all Afts of Diflolution, madeby Kings in their Minoii- ties, albeit the fame with the Infeftments thereon be Ratified in Parliament, in their Majorities, la. 6. p 14.0.203. Another Aft of Diffolution in order to certain Lands therein expreft, bearing tlie ordinary conditions, and the Earldom of %<>fs , andLcrdfltip of ^Ardmanoch, the
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 * .p. 12. c. 129.