Page:The Laws and Acts of Parliament of Scotland.djvu/822

 20 Ship, and all othsr Goods of the comraveeners, two part to the King, and third to the Apprchender : And that all Licences in the contrary be granted in Council, and paft all the Seals, othetwaye's arc null, Ia.fi. p. 16. c. 10. HIGH-LANDS, and BORDERS. That the Council meet peremptory the firft day of every moneth, for repreffing the difordersof the High-lands and Borders, and that.a particular Regifter be kept of all things concerning their good rule, la.fi. p. n.c:j>:. Aft appointing Land -lords and Baillies of Lands in the Eordcrs and High-lands, where broken men contained in the Roll at,the end of this Parliament, have dwelt, and dwell, to find Caution.and be otherwayes lyable for the dwellers on the faids Lands, and for Thieves palling through the fame, in manner contained in the Aft, Ibid.c. 93. But if the Land-lord or Baillie do diligence to remove thefe In- dwellers, and make them the Rings Rebels,and do all lie could do ,it lhall relieve him of the pain and danger, Ibid. c. 107. And if they fliall beconftrainedtobum any Malefactors Houfe,or to hold them and their Wives and Bairns offrhe giound, for their not relieving them, they (hall be aflbilzied therefore, ibid, c.108. That the Captains, Chiefs, or Chiftains of all Clanns, and their Branches "within the faid bounds, andnottedin Roll as faid is, give pledges to be kept and changed, andallobcotherwayeslyableasin the Aft; Andthatfuch as refufe 10 give Pledges, be purfued with Fire and Sword, as enemies to God and the King, and the faids Pledges may be executed to death, in cafe redrefs be not made by the Perfons for whom they ly, la. fi.p-rr.c94. And the Pledges for the High- lands to be placed on the South fide, and for the .Borders on the North fide of the Water of Forth, ibid.c. ro6. That all notoiious Thieves born within the faids bounds be removed out of the In-land where they dwell, to the parts where they were born, unlefs their Lands- lords will become furety forthem, ibid.c. 95. That a Regifter be made of the faid Pledges, and other Perfons for whom they ly, and who fliould relieve them; Asalfo, of all the Land-lords, Baillies, In- dwellers and Clanns within the faid bounds, 'bid c. 96. That all Vagabonds within the faids bounds impledged,oranfwered for, be charg- ed to findToverty, and in cafe of tailzie be denounced, and them, their refetters, or the Magiftrats of the boundswhere they arewittingly relet with Goods ftollen orreft, to be lyablc to fatisfie the Party, ibid.c. 97. That all Bands and Afts made for, or anent broken men, oblidges Airs, albeit not therein menrioned, ibid.c. 98. Thatfoverties made by Land-lords and Baillies, and by Chiftains of Clanns, are not prejudicial hint mde, ibid. c. 99. That Land-lords, Baillies, and Chiftains of notable Limmers, prefent fuch of them as the Kiug fliall require by clofe Valentines, otherwife they are to be punifli- edfortheir contempt, ibid.103. AftRatifying allformer Afts againft the difordersof the High-lands and Bor- ders, ordaining Catalogues to be made, Caution to be found, Mailers and Land- lords to be lyable to produce theit men; and conftituring all Judges, and Free- holders, Juftices in that part, to apprehend, and caufe execute to the death all Thieves and Sorners of the faids bounds, in manner fet down in the Aft, Ja. 6. pr. 74. c. 227. , That all Land-lords, Heretors, and Leadersof Clannsin the High-lands and Ifles, compear betwixt and the is. day of Me-y, 1598. before the Exchequer, and produce the Rights and Titles, and find Caurion for payment to his Majefty of his Rents, and that they and their men, Tennents, Servants, and Depenaers, ihall beanfwerabletohisHighnefsLaws, and Juftices, and that they ihall not injure any of his Highnefs Leiges, travelling in their bounds, and ihall redrefsall Parties skaithed by them, otherwayes ifthey fail to compear, &c. that they forefeit and atnit all their pretended Rights, and the famine to be null, la. fi. p. 1 5. cap. 262. Ratified as to the payment ofhisMajefties Rents, Car. 2. p. 1. Sell'. 3. c. is. That three Burghs be bigged in the Highlands, and ljles , one in Kjntyre , another in Lochaber, andthethrid inlhe Lewes, to which his Majefty grants all the Friviledges granted to any other Burghs, and it is declared lealbm tor him to give them the ground , and dilpone to them Lands , and Fifhings , for their Com- mon glide; to beholden Burgage, la. 6. p. ij.c. 263. HIVES, and BEES. That no man fteal Bee-hives, under the pain of Ten pounds, arid amends to the Party, and that it be a point of Dittay, lam. 4. par. 6. cap. 65. See it in Thieft, and the Afts there cited. HOLY DAY, See Sabbath. HOMICIDE, See Slaughter. That caliial Homicide in lawful defence, or committed on Theives , and Rob- bers, breaking Houfes in the night, or the time of Mafterfu! depredation, or in peifuit of Rebels denunced for capital Crimes, or of fuch who fliall aflift the faids Rebels, and Depredators by Armes, and by force oppofe their perfuit, or appre- hending, ihall not tepuniflied by Death, Providing that in homicide cafual, orin defence, the Criminal Judge may not the left with the Advice of the Council, fipe the flayer in his means to the ule of the defunfts Wife, and Bairns, or neareft of kin, orlmprifonhisperfon, and this Aft drawn back to the thretteenth of February, 1649. Car. 2. p. i.ScfT i.e. 22. HORNING. That Perfons poflefiing Benefices, or other Ecclefiaftick Rents, remaining year and day ar the Home, tine their life-rent, ficlike as Temporal men doe, lam.fi. p. 3 • c. 49. See the Aft about Temporal mens lolling their Life-rents to their Supe- riors, in the cafe forefaid being, lam. S.P.4.C.32. Seeitin Superiors. That all Letters of Horning, and Relaxation , be Regiftrat within fifteen dayes aftertheDenounciation, orReiaxation, made in Shiireffs-books, and marked, End given backby the Clerk, (receaving for his pains Sexjhillings, Bight pennies) within Twenty four hours, otherwayes the faids Letters not to be holden lawfully execut, but the Execution to be null. Item, that the extracts make faith, and beefteemedas Authentic!?. Item, that the P.elaxation be made at the Mercat- crofs of the Head-burgh of the Shire where the Rebel dwels, and the Denoun- cjaticn was made; And that it be regiftrat in the fame Books, lam. S. p. 6. cap. 76. lomc doubts arifing upon this Aft ( quo ad preterit a) not now cafible, decided. Item, that Letters of Horning dulie execut for not compearing to underly the Law, or for nor finding foverty, and reported as ule is, to the Jufticc Clerk, and his Deputes, fliall be as fufficient as if regiftrat in the SherifFs-Bboks. Item, that Homings within Stcwartries, and Regalities, be regiftrat within the Books fhereof.and that Horning againft witnefles needs no Regiftration, la. 6, p. S.c. 142. Item, Denouuciation at the Metcat-ciofs of the Head-burgh where the Jufticc Court fits, and Regiftration in the Journal-books , in the cafes of not compearing, or not finding foverty, as faid is, are declared to be as fufficient, as Denouncia- tion, and Regiftration in the Shirewhere the Rebels dwels, Ibid, cap, 140. See the Aft in Crimes, and Criminal I'rocefi. Item, that the Denounciation of fuch asarelyable to compt in the Exchequer, made for their difobedience, at the Mercat-crofsof-E^nferjA, and Regiftratien in the Thefaurei-books, or Sheriff An {.Abridgement of the of Edinburgh his Books, decerned to be as gude as if made at the Crofs of the Head-Burgh of rhe Shire where the Terfon lives, and in the Books of the ShirrcS thereof, lam. 6. p. 11. c. 63. Seethe Aft in Exchequer; asalfo the Aft, Car ■> p. r.SefT. s.c. 14. In King. That Denounciations to the Horn on Afts of Adjournal, made at the Mercat- crofs of Edinburgh, be aslawful to make the efcheat fall , asifmadeat the Head- burgh of the Shire where the Rebel dwels, declaring neverthelefs the Inhabitants ftottobeinmalafideastoiettet, uutillthe Denounciation be duly made within i the fame, Ia.fi. p. 12. c. 12S. Denounciations to the Horn of rerfonsexcomunicar, made at the Mercat-crofs of Edinburgh, and Peir and Shoar of Leith , declared tobe fufficientboth for caption, and efcheat, Car. 2. par. i.Seit i.eap. 25. See the Aft in Extommti- cation. That Letters of Horning, and Relaxations of Perfons dwelland within Stewax- tries, andBalliaries, Royality, or Regality, be execut at the Mercar-crofs of the Head-burgh, and regiftratin the Books thereof , and that all Executions and Regiftration otherwife made, be null, la, 6. p. is.c. 264. Item, that Registrations of Homings, and Relaxation be made Judicially,or be- foreanNotar, and four witnefles befide the Clerk, and if the Shireff, Stewa'rd or Baillie, refufe to regiftrat, and be thereupon lnftrumented, the Letters may' be regiftrat by the-next Shireff, Stewart, or Baillie, or by the Cletk Regifter, and his Deputes. Ibid.c^. 2fi5.Butthat part of the Aft requiring a Notar, andWituefles refcinded, declaring Regiftrations made by the Shircffs, Siewarts, and Baillies Clerk, or by -the Clerk Regifter, and his Deputes, to be fufficient, Jam. 6. p. ifi. c. 13. Thatthe tenor of Letters of Horning, and Executions thereof, ihall not be ad- mitted to be proven by witnefles, la. 6. p.fi. c. 94. That Letters of Horning be not generally ditefted againft all and fundry, except it be a Burgh, Colledge, or Community, reprefentingabodie, at leaft'that no Perlbn be thereon denounced, unlefs firft fpecially called ro hear rhe faids Letters direfted againft him, forafpecialcaufe, and for that end that in all Minifters Af- fignations to thirds, 01 the like, the fpecial Lands, Tennents, anddewties be contained. Item, a Beneficed man may feek General Letters, conform to'his provifion, for Fublicarion thereof, but not to denounce thereupon, as faid is Jam. 6. p. 12. c. 140. A Reduftion of an Horning and Denounciation, being prefented upon an acquit- tance, ptoving the Debt to have been payed of before , for preventing collufion in prejudice of his Majefties Cafuality , the Producer rhereof mutt (wear lolemnliebe- fore the Lords , that the acquitance is true , and of a true date , otherwayes he ihall not be heard againft the King. lam. fi. p. 14. c. 29. That no Letters of Homing, (fuch as for finding of Law-butrowes , or compear- ing before thefouncil) be dneft againft Terfons dwelling be North Dee upon fliortertime then fifteen dayes, otherwayes the fame to be null, lam. 6. = p rfi cap. 2S. . That Letters of Horning be direft on cThirrefTs, Stewarts , and Baillies of Royal- ty, or Regality their Decreets, as on Decreets of Provett, and Baillies, of Burgh" by the Aft, Ja.fi. p. 13. c. 177. in Burghs, la. 6. p. is.c. 10. ■ The fame ftatut at to the Admirals Decreets, Ja. S. p, 20. c. 1 5. And as to cbmmiflaries their Decreets, la. 6. p. 2 r . c. 7. Ratified , and poinding afwell as Horning , ordeied upon the faids Shiretrs Commiflares , and other inferior Judges, their decreets Ca. 2. P. 1. SefT. 1 cap 20' The Aft indeed only Ratifies, andRefersto the faids Aft, Jam. 6. p. is! cap io Wherein neirher CommifTar , nor Admiral is named, but feeing it ex'prefl'es Com- miflares, and other Infetior Judicatories, asthereinnamed, Its probable that the meaning of the Aft is als large as here it is made. Horning for a Civil caufe, declared to be no defence to any Party who ihall flay or mutilat, the Ferfon fo denounced, and that this Aft have place allannerlie for lie Climes as ihall be committed thereafter. Jam. fi. p. z 1. c. 3. HORSE. That no Horfe under three year old outgone, be fold out of the Realm, under pain of efcheat of the Horfe, Ja. 1. p. 2. c. 31. That no Horfe be tranfported forth of the Realm by Sea, under the pain of efcheat of the Horfe, Ship, and remanent gudes of the transporter, Jam.6.par. 1. cap. 22. The preface of this Aft mentions tfanfporting of Hoife to Bo'ar- deaux. Thar a Smith ihoeing a Horfe in thfe quick, paythecoaftof the Horfe, till he be whole ,• And turniih rhe owner with another, and if the Horfe will not mend, that the Smith hold the Horfe, and pay the price , lam. 3. p. io. cap. 79. That flayers, orhochersof Herfe, or Oxen, or other Cattel, and their main- tainers, and relletters, be puniflied to the Death as Theives , And the maintainers, andRefettersof'Theives. Ia.tf.p:7. cap.no. Ratified, but Confined to the time of Labouring, and extended to Cutters, andDeftroyersofPleuchgear, intime - of Tilling. And to flickers, goarers , and fellers of Oxen, or Horfe , in time of Leading of Comes, orFewel. Ja.fi. p: n. c. 82. That none under a Barron, or Landed man , worth a Thoufand merks of yearly freeRent, keep Hbrfe at the hard meat, after the Fifteenth of May, ortakethem inbefoie the fifteen of Oclobir, under the pain of efcheat of the Horfe, Ja: 6. p. 7. cap: 122. But this Aft reftified, And it is Statute , That none under Tuo TlntC jandpounds yearly, keep Horfe at hatd meat after the firft oifuue, And that after thefaidday, the Earle, and Lord keep only two, and the Barron one, at molt , under the pain of efcheat of the Horfe keepr in rhe contrary, with which the Shirefls arelmpoweredtoLntromet, halfeto the King, and halfe to themfelves , la: 6. p: it. cap. 56 HORSE-RACES. If any man gain by Wagers upon Horfe-races above the fum of an Hundred merks, Thatthe fuperplus be Configned in the hands of the Colleftor for Poor, and Magiftrarsin Burghs, Sheriffs, and Juftices of Peace in the Countrey, are Impowered to perfue for the faid fuperplus gain, or els are Declared Ivable rothe Inforttier in the double thereof, half to him, the other half to the Poor, Ja.iS. p. 23. cap. 14. HOSPITALS. That Hofpitals be vifited by the Chancellour, the Ordinary, and two honeft mcn.and their Foundations examined, orifthey cannot be found, that Inqui- fition be taken, and the matter referred torhe King, Ja.2. p. r4. cap. 69. That where rhe Foundarions of Hofpitals cannot be found, the fruits be afligned to the Poor, Ja. 3. p. 1. cap. 10. That Hofpitals be vifited, and the King name Vifitours, la.- s. p. 7. cap: tor. A new Vifitation appointed, viz.. for Hofpitals of the Kings'ioundation by the Chancellour, and all others by the liiihops, with power to the Vifitors, to Charge for production of rhe Foundations, Fewes, andTacks, Andthatthey' re- port betwixt, andP^ next, Ia:S. p: s, cap: 63, ^ OT0 ss?it See DoilMims pious. HO^T.