Page:The Laws and Acts of Parliament of Scotland.djvu/818

 slid fleeing into Scotland, and there taken, maybe remanded by fhe'Judge* or- dinary afrer examination of the Fa.ft, to be tryed , and punithed , in England ; Pro- viding alwayes, that in the firft Parliament held in England, after the date of this Aft (Twenty thrid of Oliober, 1612.) the like Aft be made in favours of Scot- land, Ja. 6. p. 21 cap. 2. A high Impofition on all gudes imported from England, or of the grouth and Mannfaftureof England, imported from any other Place, as the rates let down particularly in the Aft, and of 80. /w cent of all others ommitted, and that ihe. Cuftomers give Oath and Band, with other ftrift orders thereanent, Car. 2. p. r. Seff. 3. c. 13. This Aftwasmadebecaufeof fome reftramts the Engl ; ft> had laid an Scots Commodities. ERECTION, See Kirk-lands. ERROUR, See Summonds of ERROUR, and c Prefcrifition. ESCHEAT fimple, and LIFE-RENT, See Creditor, and Homing. That the Horning be execut before the efcheat be difponed, otherwayes the gift 16 nul,l and that no gift bear, (orwben it fliall happen tho Offender to be denounced,) la. 6. p. r. cap. 23. Letters of Hornrng dulie Execut being prefented to the Thefaurer, Letters ihall be railed at his inftance direct to the Shireff of the Shire, or Meffengers, for up- taking of the Rebels efchcat, and the party to be payed of his Debt , andexpence out of rhe firft and readieft. Item, if the Meflenger be deforced , that Letters be direft be the Lords Deliverance, to the Shireff, or others well affefted to His Mi- jefties fervice, to fee the former Letters execut really, and with efleft, and they are Priviiedged, as thefe are that periew the Kings Rebels , lam. 6. p. 6. c.75. That all Intrometterswith efcheats fimple or Life-rent, Donatry, Afligneyes, er Others, be holden to pay the debt in the Horning , whereon the efcheat fell; And that Letters be fummarly direft againft them for that efleft. Jam. 6. p. 12. cap. 143. The Thefaurer is bound to diipone eicheats, to the behoove of the Parties offended, or otherwayes to relponlal men upon good caution for his releif, of the debt, and if theDonatorbe found not refponfal, the gift is declared null, Ibid. c. 14 j. And that the Creditor cannot be prejudged by any deed of the Rebel, or by any Gift, or Right of his efcheat, given or taken to his behoove, fee the fame A6t'm Creditor, andinHebil. Gifts of Efcheat, and Life-rent, granted to the Bairns, or Conjunct Perfon* of thefe who being fufpefted of Papiftry, have been excomunicat, and have re- tained pofleffion of their Lands, and Gudes, are declared null. Notwithstand- ing ef any Decreet following thereupon, and what ever might have been the caufe of the falling of the faidsefcheats, ]a.6.p. 14.C 157. Life- rent Tacks of LandsandTeinds, fall not under fimple efcheat, but the Life-renrelcheat only, and if the Tacks contain more Life-rents, the Rebels Life-rent efcheat prejudges only the Rebel, but not his Aire,or Affigney after his deceafe, Ja. 6. p. 22. c. 15. ESSOINZIE, or EXCUSE. The Efloinzeour mult thew his Power, and find Caution to prove ; And*that no Effoinzies be admitted, butfuchasthe Law allows: Or if a poor man fall fick, two leill men his nighbours, orhisPsrochFlieftihallfwearir, and it (hall be ad- mitted, Ia. i.p.9. c. 115. EXCEPTION. That Exceptions lawful be admitted, and frivolous, or fraudulent repelled 5 and that Pleys be not wrongoufly prolonged, Ia. 1 . p. 3 . c. 5 J. Who propones within Burgh an Exception proponed before, to the delay of the Party, whether Procuratoroi Party proponer, fliould pay twenty JbiHingi to the poor, la. 6. p. 6. c. si. EXCHANGE, Bills thereof. That Forraign Bills, or Letters of Exchange from, or to this Realm, incafeof non-acceptance, or not payment, be Regiftrable, with the Protefts againft the ■ Drawer or Accepter, within fix moneths after the date of the Bill, or day of pay- ment refpeBive, that Execution on fex dayes may pafs thereon as on Regiftrat Bonds; and that fums contained in the faid Bills, in the cafes forefaid, bear An- mialrent after the faid relpeftive dayes, but after fex moneths they cannot be Re- giftrat, butmuftbepurfuedby way of ordinary aftion: Asalfo, referving to pur - we for exchange ( if not in the Bill ) re-exchange, damage, inteieft and ex- pences as accords, Car. 2. p. 3. c. 20. An ^Abridgement of the EXCHEQUER. of the property ,or of any orlier,may not be difcuffed and decided inExchequer.bat is only proper ro the Lords of Sefiion, Car. 2. p. r, Seff. i.e. 59. Infettments, Gifts, and others pail in Exchequer, theyears 1649, and 1654. Albeit the authority of thefe meetings be declared null, are appointed to ltand va- lid, except new Gifts, and other Gifts to his Majefties prejudice,' and fuch as u- pon complaint to the now Exchequer, ihall be found unjulHy granted in prejudice of prior G'ifts under his Majefties hand, though not pafled in Exchequer, Car. 2, p. r.SefV. i.e. 9. The Gifts and proceedings of the Commiflioners of Exchequer under the Eng- liih Ufurpers Ratified, excepting new Gifts, Gifts of Baftardry, and ultimv.s lucres, nor of new pjft in Exchequer ; as alfo, Gifts and Confirmations paft m prejudice of thefe who had former Rights from hisMajefty, or his Royal Father : And ge- nerally, providing that all thefe gifts and proceedings may upon complain: be reviewed by his Majefties Exchequer, Car. 2. p. i.Seff r.c- 12. Aft regulating the proceedings and matters of Exchequer, Car. 2. n. 2. Seff. 3. c. 16. concerning the Exchequer. That all Sheriffs, Stewarts, Chamberlains, Cuftomers, and others Intrometrers and full payment ^£qv.e with the Rolls, and that they alfo make compt and pay- ment of cafualities, under the pain of imprifonment, la. 5. p. 7. c. 96- Declared be fundry ordinances or Council, that the Kings Compofitors fliould not deny his Confirmation upon the reafonable expence of the Party, and upon his peril!, Ja. 6. 0.5. c. 66. See Confirmation. That the Exchequer for the Kings Rents begin the firft of July, and end the laft of ^iuguji : That all lyable in compt be warned by Precept, under the pain otfour- ty pounds to the failzier ; and be charged at all times to the end of the Exchequer, to compear, andincafeofdilbbedience, be denounced; and this denounciation attheMercat Crofs of Edinburgh, and Regiftration iu the Thefaurers Books, ox Sheriffs Books of Edinburgh, isdeclared to be as good as if made at the Crofs of the head Burgh of the Shire,and in the Sheriffs Books where the Perfon lives. That for matters betwixt party and party the Exchequer fit every Tucfday afternoon, du- ring the Seflion, or at other times when the King pleafes, la. 6. p. 1 1, c. 63. Rati- fied Car. 2.p- 1. Sefii 3. e. 14. Thar no Precept or Difcharge of the Property be allowed in Exchequer, except it be fubferibed and accepted by the Comptroller : And that acquittances be pro- duced upon compt,and nothing allowed penculo computantis, either in the Compt- ioUers,la. 6. p 11 c.67. or Thefaurers accompts, c. 77. That the Thefaurer|ex- ceednot 20000. poundsin an year in his Difcharge, otherwayes no fupcrjidtre to be granted for /»/«r- expence. hem, That inferior accompts that fliould enter in the Thefaurers, be firft heard. Item, That no Infeftmenr be pafled, except pre- fented by the Thefaurer, that compolition may be payed to him, Ibid. cap. 78. The Exchequer impowered and declared to be proper Iudges to cognofce and decide in all caufes concerning his Majefties property, and rhe Annuity of Teinds ; and that they diteft Letters on their Decreets on a fimple Charge often dayes on this fide, and on twenty dayes by North Dee allanerly, Car. r.p. i.e. 18- Butfor explanation of this Aft, it is declared that the validity or invalidity of Infeftments EXCISE. See Annuity. Aft iropofing the Excife for railing his Majefties Annuity of ftttrty thoufand Sterling, viz.. eight thoufand pound Sterling thereof by an Excite upon the In- land Salt, and Forraign Commodities fpecitied in the Aft, and the other 3200. pounds Sterling by an Excite of two to«-/(i on the Boll of Malt, and three flnlltnge on the Pint of ^quavite natmiAe of Malt, brewed and fold in the Kingdom; which fum is proportioned upon the Shires and Burghs, and what (hall be in-laik- ing in their Excife, to be fupplied by the Heretors by way ofCefs: And that the Commiflioners in every Shire aud Burgh up-life and be lyable for the faid propor- tions, in manner as in the Aft Car. 2. p. 1. Seff. 1 . c. 14. But the proportions here let down are again rectified, Ibid. Sefl-3.c, 25. Aft regulating the payment of the Excite, as to the Importer and Retailer, and containing feveral rules and provifions thereanent, fpecially that the Excife be payed according to the Book of Rates for the Cufloms: And if there be any Ex- citable Goods not there fet down, that they pay at the rate of five per cent. That the Merchant not payingthe Excife, he, and all acceffory to his concealing or ab- ftrafting, maybenurfued upon Oath, or any other probation, providing it be within three moneths of the imbeazling, and the Delinquent convift, may be im- prifonedfortwemy fourhours, and untill he pay the full value of the goods im- beazled, and ihall be further finable by rhe Exchequer. As alto, goods not due- ly entered, and feafed, ihall be confifcar, and their Owners impriloned and fined as faid is. And the tame Statute, as to the not paying of Ciutoms , Gar. 2. par. 2. Seff 1. cap. 12. Aft declaring, that ifthree quarters payment of the Annuity of Excite in the Shires of T^ofs. Sutherland, Caithness, ^Argjle, Innerr.efs , and Burghs thereof ihall run in the fourth unpayed, then the Shire, Burgh, or Perfon deficient, to be lyable in the double of the whole years Annuity, toties tjuoties, but prejudice of the oblidgment for tingle payment on the Commiflioners of the faids Shires, con- form to the Aft, Car. 2. p. 1. Seff 1. c. 14. above Car. 2. p. 2. Seff. 1 . c. 20. All Salt made in this Kingdom exempted from Excife, and fourty failings per Boll impofed on Forraign Salt, Car. 2. p. 2. Seff. 4. c. r. See the Aft in Salt. Excife of Brandy Jixfliillmgsper pint, to be payed by the Retailer, andtheEx- ciieofMumm-beer thirty /hillings per barrel, the barrel not exceeding twelve gallons, and both appointed to be applyed for the relief of tire Excife of Shires and Burghs, Ibid: cap. 2. That the Quartenngs for the Excife be regulat according to the rules let down for Quartering for the Cefs in the Aft Car. 2.p.3.c.3. The Excife on Forraign Commodities, and of two merks on the Boll of Malt and three flattings on every pint of Aquavitas nor made of Malt, brewed and fold within rhe Kingdom, eftabliihed by Aft, Car. 2. p. 1. Seff. r. c. 14. above,con- tinued for five years after his prefent Majefties deceafe. But then neither the Com- miflioners, Heretors, nor Land Rent of the Shires are to be lyable for it, but only theBrewers, Vintners, andTapfters, Car. 2. p. 3. cap. 8. EXCOMMUNICATION. SeeCurJing. Perfons Excommunicat, after 40. dayes may be charged by Letters of four forms at the inftance of the Party, the Kings Advocat, 01 the Procurator of rho Kirktofatisfiethefentence, and reconcile themfelves to the Kirk; and if they failzie, are to be denounced, and Caption and orher Executorials to pais againft them, la 6. p. 3. c. 53. A perfon Excommunicat entering the Kirk the time of the Miniftration of the Sacraments, or Common Prayers, ihould be charged in God and the Kings name to remove, and if he refute, the Minifter after the Service may caufe apprehend and waird him, untill he find Caution at the Minifters and Elders fight, to recon- cile himfelf to the Kirk,and make amends for the offence : And if he deforce any in the execution of the premiffes* that his moveables be efcheat, and his perfon is the Kings will, la, 6. p. 1 1. c. 26. That no perfons Excommunicat for not conforming to the Religion preiently profeffed, directly nor indireftly, poffefs their Eftates; but that the fame be/ medled with to his Majefties ute, ia. 6. p. 20. c. 3. That the Bithops give up to the Thefaurer and Direftor of the Chancellary year- ly a Roll fubferibed with their hands, of all Excommunicat for Religion withia their Diocefc -, and that the Thefaurer receive no Refignations, nor grant Infeft- ments, nor the Direftor direft Brieves, norPrecepts, nor receive Retours intheir favours, untill their Relation be certified by the Bilhop. And all Lordsof Rega- lity, and other Superiours may refufero grant Brieves, or Precepts of Clare con- ftat, orCharters on AppriffiugstothefaidPerfons, /W.cap.4. Ratification of all the Afts of Parliament or Council preceedjng the year 1640. againft Excommunicat Perfons; and that fourty dayes after fentence Letters be direct by the Lords of Privy Council or Seflion, at the inftance of the Kings Advo- cat, for denouncing them Rebels: And that the fame being done at the Crofs of Edinburgh, andPeerof Shoar of Leith, lhallbefuificientforCaptionand Efcheat, providing that the Frocefs of Excommuuication be firft exhibit to the Lords of Seflion, in Seflion time, toconfider the fame, Car. 2. p. 1. SetT. 1. c.2j. Butthis froviCoisiekmiti, Car.2.p. i.Seff. 3-C.23. EXECUTIONS, or INDORSATIONS. See Summonds. Executions of the Kings Brieves or Letters fliould be fcaled or ftamped by the Officiar of Fee, or in that part, before witnefles, otherwifc make no faith, la.j.p. seap.33. That all Executions or Indorfations be ftamped, otherwife makeno faith, and the Executer to be deprived, Ia: 5: p: 6: c: 74. That all Copies of Summonds, or Letters delivered to any party, be fubferibed by the Officer Executer thereof, Ia.6.p. r2. c. 139. That Executions at dwelling places where the Party cannot be perfonally appre- hended, be made at the principal dwelling where the Party actually retides : And ifthe Officer get entry, that he ihew his Letters, and leave a Copy', or affix it on the Gate ; and if he get not entry after fix knocks, that he affix a Copy on the Care, and all before famous witnefles, and the Execution to make mention of this order. - and if the Officer fail, thathebeimprifoncd, and punifli«d at will, la. ;. par. s. cap.7s. ilcrr»i
 * ith the Kings Rents, compear at every Exchequer, and make their Accomprs,