Page:The Laws and Acts of Parliament of Scotland.djvu/819

 Item, That in criminal Letters the Copy be delivered to the Party personally, if he can be apprehended, or otherwayes be delivered to his wife or servants, or affix-on the Gate of his dwelling House, and thereafter open Proclamation to be made, and a Copy affixed on the Cross of the head Burgh of the Shire. Item, If there be more then two in the Letters all called for one Crime, this order used to two of the Principals shall be sufficient as to the rest, Q. M. p:6:c: 33.

That all Executions and Wairnings in the Kings Causes against Isles-men, Highland-men or Borderers in broken Countreys, ubi mon patet tutus accessus be made at the Merecat Crosses of the head Burghs of the next Shire in the Low-land, Ja: 6. p: 11: c: 66.

That all Criminal Letters, Letters of Law-borrows, or others importing tinfell of Life or Goods, be execute upon all persons contained therein, personally, or at their dwelling places, and by open Proclamation at the Mercat Crosses of the head Burghs of the Shire where they dwell, betwixt eight and twelve in the Fore- noon, in open time of day, before famous Witnesses specially designed, and that Copies containing the whole names be affixed on the Gates of the dwelling houses anda Mercat Crosses, under the pain of 200. merks, Ibid. cap. 85.

That Charges of Treason be execute by Heraulds and Pursevanrs in their Coats, or by Macers, as of before: Declaring all Executions under the pain of Treason otherwayes execute to be null, Ja: 6: p: 12: c: 125.

That all Executions of Summonds bear expresly the names of the Parties Pursuers and Defenders, and that it shall not be sufficient to relate generally to the Summonds, else they shall not be sustained, Car. 2. p. 2. Sess. 3. c. 6.

That the Witnesses in all Executions of Inhibitions and Interdictions, Homings, or Arrestments, or for Interruption of Prescription in real Rights be designed in the body of the Execution, and also subscribing thereto, Car. 2. p. 3. c. 5. See the Act in Witness.

EXECUTORS. See Testament.

A sum secured by the Act to the Life-renter upon Land, yet declared payable o her Executor, Q. M. p. 4. c. 10. at the end.

Executors Strangers nominal, are oblidged romake compt and payment to the Defuncts Wife, Bairns, and nearest of Kin, reserving only to them the third of the Defuncts part after deduction of Debts, in which third, any Legacy left them, to be computed without prejudice to them of their Legacies, if they exceed the said third, Ja. 6. p. 22. c. 14.

EXPENCES.

He that tines the Action before the Lords of Council, should pay the Winners Expences, at the Lords Modification, and fourty shillings to be disponed upon by the Chancellor, J. 3. p. 6 c. 50.

The Expences of Pley to be insert in the Decreet Condemnator or Absolvitor, Q. M. p. 7. c. 64. Who tines the Pley within Burgh, payes the Parties Expences, and twelve pennies per pound to the Poore, Ja. 6: p: 6: c: 91. See it in Burghs.

That the tiner of the Pley pay the others Expences, at the Judges modification, Ja 6. p. 11.c. 43. That the damage, interest, and expences of Pley made and sustained by the Parties, be admitted and liquidat by the Decreet, whether Absolvitor, or Condemnator, before all Judges, especially where the Writ, the ground of the Action, on the Summonds bears it, Ja. 6. p. 12. c. 1 42.

FACTOR. See Merchant.

That no Merchant imploy an Alien as Factor beyond Seas,on the accompt of Scots Merchants, under such Pecuniary paines, as the Council of Trade shall impose, half to the King, half to the Informer and Pursuer, Car. 2. par. 1. Ses. 1. cap. 44. Anent Shifting and Navigation.

FAIRS.

At Fairs the Sheriff should only have the best Ox, or Cow, or un-ridden Horse, stalled and brought to fell: And of great Stalls, or covered Craims, he may take a distress, but he should deliver it again at the Court of the Fair, if the Person hath done no default. And that no diftrefs be taken hereafter of Goods of little quantity or price, brought on mens heads or backs, Ja. 2. p. 13. c. 59.

That in Fairs, Parliament times, or General Councils, great Constables of Castles, Sheriffs, or Baillies of Burghs use no extortion, by taking from poor folks for Loads or Burdens, what they call their Fees, under the pain to be punished at the Kings willl, and deprived for a year, Ja. 3. p. 5. c.34.

That no Fairs beholden on Holy Dayes, but on the morn after, ibid. c. 35.

FALKLAND WOOD.

Falkland Wood ordained to be cut and hained, as being found by an Affile to be old and failed, Q.M. p. 6. c. 48. The Lowmoads of Falkland. See Anexed Property.

FALSHOOD.

That false Nottars and Witnesses, or who induces them thereto, or uses false Instruments wittingly, be punished with all rigour, according to the dispostion of the Common Law, Ja. 5. p. 6. c. 80.

This Act extended to all manner of Evidents and Writings, and the Makers, Feinziers, Users, Seducers, Corrupters, and Falsers thereof, and the pain declaled to be Proscription, Banishment, Dismembering of the Hand or Tongue, and other pains of the Cannon, or Civil Law, or Statutes of the Realm, Q. M. par. 5. cap. 22.

That false Witnesses and their Inducers be punished, by piercing the Tongues, escheat of Moveables, and Infamy, and farther at the Judges discretion, Q.M. p. 6. c. 47.

That makers or users of false Writs, or accessory to the making thereof, be punished with the pains of Falsood, and the Counterfeiter ,Falsifiier, or Accessory cannot by passing from the Writ quarrelled, free himself of the punishment. Jam. 6, p. 23. c. 22.

FEE.

The Sheriff-Fee appointed to be twelve pennies of the pound, Ja. 4. p. 3. cap. 30. See it in Sheriff, Coalliers, and Servants Fees. See Coalliers, and Justices of Peace,

F E E D E S, See Peace. Deadly feede no juft pretence, to excufe from not Communicating, la. 6. p. is- c. 37. See itin Communion. Aft and Order for extinguifhing deadlie feeds, and for prevention thereof in time coming. That the Perfewer doe not invade, orbear, feede againft any friend of rhe Offender innocent, an J not accul'ed , under the pain of Tinfel of his Aftion, referving the fame ftill to the King: And the friend of the Party guilty, convift, or fugitive, may not bear quarrel therefore* or refer him, under the pains againft relet of Rebels, and tne Eftates of Parliament fwear to obferve rhe Articles in the Aft, and the King folemnlic promiflfs to grant no relpite, or re- miffion for odious crimes, until thefe inveterat feeds be rooted out, la. 6. p. 1 6. c. 22. Ratified la. 6. p. 20. c. 7. FERRIERS. That all Boat-men, and Ferriers have Treene-bridges for receaving Eorfe, un- der the pain of 40. Jbillings each Boat. la. , p. j.c. is. That all Ferriers on eifher fide the Firth, make Bridges, and Ports, in their Boars for eafic Unping of Horfe, under pain of Conf.fcation of their Boats, lam. 3 . p. 3 .c. 20. The lame ftatut, and alfo the quantity of the fraught appointed, tobepaed at Kinghorn, Queens-ferric, and Partmcraig ; And that Horie , or Seafts, payand fraught, make the Perfons, and .Burdens free , Jam. 3. par. 7. cap. 62. Thar Ferriers take no more fraught nor is ftatut, under the pain of Five pounds Scots to the King, and to Affyth the Party, la. 3. p. 10. c. 7 s. Ratified Jam. 3. par. t3. cap. 95, with an Augmentation ot the pains. Fraught appointed for Ferriers at Ijnghorn, Queens-feme , and Dundie, and that they obferve the fame under the pain of death, Q. M. Par. $■ cap. 2i. The fraught at Kjnghorn for Horfe and Man appoynted by King J imes 3. ^inno 1474. was Sexpcnmes, and for the Man Two pennies, but is higher -Anno isjr. for Horfe and Man Twelve pennies, and for the Man Sex pennies. Q.M. p. S.c. 21. See Wages. FEW, and FEW-FERM, See Few cum CMaritagio in Waird. That the King, Prelates, Bartons, and Free-holders, mayfet their Lands in few, and the Lands wairding to the King, the King fiiall only have the Few- dewtie, fo that the fet be made to a competent value , Jam. 2. par. 14. cap. 71. ' That all men Spiritual, or Temporal, may fet their Lands in few, without diminution of the Rental, and itlhall be no ground of recognition, Ja.4. par. 6. cap. 91. The Aft Jam. 2. explained, and declared not to extend to the Vaffils of any Earl, Barron, or Free-holder, holding rheir Lands waird of their faids Superio- riors, for whom it is ftatut not tobe leafom, to them, tolet their Lands in few, without the confent. or confirmation of their Superiors, and any alienation other- wayes made, is declared null by way of aftion, or exception, la. 6. par. 18. c. 12. And this explanation, and ftatut, extended to the King and Prince, and Vaffils holding waird of them, and all former Afts that may any wayes derogat to this Aft, arerefcinded. Car. i.p.-i. c. :6. That all Fewers not payand their dewtie by the fpace of two years haill and to- gether, amit and tine their Fewes, as if there were a claufe Irritant in their rights, la. 6. p. 15. c. 246. FIRE. That to prevent fire, no Hemp , Lint , Strae, Hay. Hedder, or Broom, be put near, or above the file, inHoufes within Town, and that theOfficiars within Town make trial every Moneth, under the pain of aa.fli'Mings to the King, la. i. p. 4. cap. 71. ThatfellarsofHay, and Fodder come not to their Hay-houfes without a Lan- tern, under the fame pain, Ibid. art. 72. ThatLedders, Sayes, andCleiksoflron, beappointed, and keept in Towns for fire, under the fame pain, Ibid. c. 73. That after the fire hath hapned, the Magiftrars inquire into the caufe, and if it befoundon purpoledeed, rharfore-fiulturebe the punition , and if rhrow ne- gleft, thenifa Servant he flnll be puniihed in his Goods, andi'erfon, if he have no goods, and Saniihed for three or feven years, if a Man, his Wife, or Bairns, in his own Houfe, orifofaMailler, both fliallrepiirtheskait'iofothets, and be banifhed three years; If of a Stranger he Hull repair the skaich or abide in prifonat the Kings will, if the fire happen throw chance it is un-puniihed, if the Magi- ftrats negleft the Execution of this Aft, that they pay Ten pounds to the King, that fire be not fetched from houfe ro houfe , but in a covered velTel, and if fire happen in Towns of Earrony, that their Lords punilh it as above, iiiicap. 7s. That Burning of folk in their Houfes, and all Burning of Houfes, and Corns, and wilful fire railing be treafon, andlefe Majeftie, Ja. 5- p. 3. c. 8. That fire Raifers be put underfovertytothe Law, as in the crimes of Slaughter, and mutilation, and that there be no remiliion given to them that burns Corns in ftacks, or Barns, but that they be puniihed to the death, orelfeBsnilhed, lam s. p. 7. c. 1 18. But it is again ftatut, rhar Burning of folk in their Houfes, Burning of Houfes, and Corns, and wilful fire railing, be treafon, and lefe Majefty, Jam- 6. par. r. cap. 33. Wilful fireing of Coal-heughs is alfo Ttttfon, Jam. S. par. 12. cap. 14S. See Treafon. FISH, and FISHING. That for Filhing certain Lords Spiritual, and Temporal, and Bturowes, make Ships, Bullies, and Boats, with Nets, and Other pertinents, Jam. 3. par. 6. cap. 49. ThatShips, andBufnes, with all their pertinents for filhing, be made meach Burgh, in number according to the fubftance of the Burgh, and the leaft of them to be of Twenty Tun, and that all Idle-men be compelled by the Shirreffs in the Countrcy, and by Bailliesin Burghs, to pafs therein for their -."rages under the pain of Banifliment out of their bounds , and that the Shirreffor Officiar in Burgh negli- gent , pay Twenty pounds to the King , Jam. 4. par. 4. cap. 49> Ratified, Ibid. cap. 52. ' The times of Mercat appointed for Fiih, and that no white Fifh. be fent out of the Realme, but that Strangers may come and buy them. Item, where any Perfon hath Fiih, packed or peiied, that they be readie to fell the fame, for thejService of the Leiges , under the pain of fonfifcation of rhe Fiih , Jam. 5. par. 7. cap. 98- ' That Barrels ofFiik be burnt and merked, Ibid. cap. 109. That the Herring and whire Fiih Barrel, contain nine Gallons, of the Sterling pynt, ja. ». p. 4. e. 57. See itia S&immd,. E Thai'