Page:The Laws and Acts of Parliament of Scotland.djvu/825

Rh diem for their attendance (not exceeding three dayes at one time ) from their Collector: And such juftices as have the benefit of this allowance, and shall be absent from the Sessions, or when required from other Meetings, not excused, shall be lyable in fourty pounds.

The Lords of Session are to direct general Letters at the Collectors instance for all Fines on fifteen dayes, and no Suspension but upon Consignation of the Fine, and Caution for payment of Charges.

The Justices should send in to the Council after every quarters Session a list of the persons committed, or put under soverty by them, with the cause.

They shall execute the Axts against Curlers and Swearers, or mockers of Piety, by exacting the pains statute against Swearing in this Parliament, ( See swearing) And that Wives be lyable in their Husbands Fines, and their Husbands pay for them.

As also, they shall execut the Laws against Fornication, and exact the pains thereof (See them in Fornication) the one half to be applied to pious uses, in the Paroch where the offence was committed, and the other half to be divided betwixt the Informer and Prosecutor, and Constable, and other uses, at sight of the Justices.

That they execut the Acts against Drinkenness, and Haunters of Taverns, and Ale Houses, and exact the pains statut in this Parliament, (See Drunkeness)

As also against the keepers of such Houses as sell them drink, and applie the fines as above.

That they execut the Acts against Profanners of the Lords day, and apply the pains as above.

In Hainous Crimes, they shall apprehend the Persons, and Commit, or bail them , as the cause allow , take the Accusets Information upon Oath, and bind him to Prosecute, take the Depositions of the witnesses, and bind them to give evidence, and also take the examination of the accused, all which the Ju- stice, or Justices shall certifie to the Quarter Sessions, or Criminal Court, respective.

If any Noble-man, Barron , or Baillie , acclaim right to proceed against a Capital Offender apprehended by a Constable, the Justice shall take soverty of him, to Minister Justice duly, and shall report the same. That the Justices twice in the year, the first of December, and the first of June take up a Lift of the Poor in every Paroch, and appoint two or more Overseers in each Paroch, to provide for them , as in the Act, and that the saids Overseers accept, and discharge faithfully , under the pain of 20. pounds.

CONSTABLES

That the Justices in their Quarter Sessions, appoint two or more Constables in every Paroch, or great Town from Sex moneths to Sexmoneths, but in Burghs Royal and free Cities the Constables are to be chosen by the Magistrats, and the Constable refilling to Accept, or Swear, may be by the Justices lmpnfoned, and fined, the Conftables Oath is in the Aft.

All the Conftables at least one from each Paroch, in name of the rest, should attend the Quarter Sessions, inform concerning breaches of the Peace, and the evidences thereof, and receive the Justices Directions.

The Constables may apprehend night Walkers, suspect Persons, Vagabonds, sturdie Beggers, Egyptians, and idle Persons, and carry them to the next Justice of Peace.

The Constables fshall apprehend Persons for Slaughter, Murder, Theift, or any other Crime, and carrie them to the next Justice, and require Nighbours to Assist, Who refufing shall be punished by the Justices.

They shall arrest all wearers of Guns, not being in his Majesties service, or duly licenced, and carry them to the next Justice.

They should redd frayes, and call thereto the Assistance of the Nighbours, and if they get skaith, the Justice are to punish the doers of it.

A Constable may follow a Person, that hath made a fray, to the House he flies to, and require open Doors to be made, and upon refusal take Witnesses

In a fresh persuit he may follow without his bounds, and require Nighbours to Assist.

The Constables should execut the Justices of Peace their Orders.

Upon complaint the Constable may apprehend a Threatner, and carrie him with the other to a Justice of Peace, and if he refuse may Imprison him.

That the Constables, and Clerks of the Peace , be payed for their labours, out of the fines, or otherwise if they fall short, at the sight of the Lords of Exchequer.

Lastlie the whole premises are declared to be without prejudice of any mans Right or Priviledge of Jurisdiction whatsoevee; And therefore the Justices may not cite any Party until the expiring of Fifteen dayes after the Fact, and then if others neglect, they may cite and proceed. Car. 2. p. 1. Sess 1. c.38.

K

ING, See Annexation , Dissolution, and Revocation. That the King cause make trial by inquest, what Lands belonged to his Predecessors, and he may summond his Tennents to shew their Charters , and Evidents, Ja. 1. p. 1. c. 9.

The King hath right to all mines of Gold, and Silver, if three half pennies of Silver may be fined out of the pound of Lead. Ibid. cap. 1 2.

The King may garr strick new money when him likes. Ibid. cap. 23. See it in Protection.

The Kings Governour during his Govemment, might annailize from the Crown, lands fallen to it throw the decease of Bastards. Ja. 1. p. 1. c. 133.

The Breakers of the Kings Protection should be Punished, Jam. 1. p. 11. c. 134. King James' the Second brought by all the Earls, Lords, Barrons, and Free-holders, from the Cadtel of Edinburgh, to the Abbay of Haly-rood-houde, to be there Crowned upon the Twenty of March,Anno 1437 Jam. 2. par. 1.

The Kings perfect age is, at twenty ane year compleet, Ibid. cap. 2. and Jam. 4. p. 2. c. 10.

That the King ride throw the Realm for the punishing of Crimes. And the Barrons are oblidged to asisst with their power, in bodies, and gudes, as oft as all be seen speedful by the Council, Ja. 2. p.3 c. 6

That it shall be leasom for the King, to take decision of any mater that comes before him, at this empleasance, as it was wont to be of before, Ja. 3. p. 3 c. 27. See it in Judges

That the King present to Benefices belonging to Bishopricks, the Bishops leige raking, Jam. 3. p. 11. c. 8

And that no man purchase from Rome Commissions in the contrary, Ibid. c. 86. under the pain of Proscription, and Treason, Ja. 4. p. 1. c. 4.

That no man break the King state conduct, under pain of Death, Ja. 3. p. 12. c.

They that with holds the Kings Rents, may be distreinied upon , and their Persons brought to the King , Jam. 3. par. 13. cap.91. See the several Acts for better payment of the Kings Rents, in Chamberlane, Comptroller and Exchequer.

Promise and Oath of the three Estates not to countenance manifest Traitors, and other notorious Malefactours, but that they shall assist the King, in doing justice against them, Ja. 3. p. 14. c. 98. See it in Treason.

A Council chosen to the King Minor for the time by the Parliament, and made accountable to them, and the King humbles himself to promlt to abide at their Councils, untill the next Parliament, and until then that all Gifts be granted by the King with their consent, Jam. 4. p. 2. c. 12.

That no man compel the Kings proper Tennents to doe service by Coaction, or Dread, under the pain of Oppression, Ibid. c. 21.

The Priviledges, and Liberties of the Kings Forrests, and Parks, See in Forrests. Thar no man doe contrary the Kings Priviledge, granted him by the Siege of Rome, J1. 5. p. 7. c. 19. See Benefice and Clergie-man. That the Nomination to Prelacies, vaiking, pertains to the King, and the provision to the Pope, Ja. 5. p.7.c. 125. See Prelacies. Act ordaining all Signatures, and Gilts, granted by King James 5th, before his decease, to be exped throw the Seals, and perfected, notwithstanding his Decease, and the change of Seals, Providing they be presented betwixt and a certain day, Q. M. p. i. c. 1.

Declaration of the Queens perfect age, to be at Twenty ane years compleat. Q. M.p. 10. c. 87.

The same Declaration made for King James the 6th, and his Successors, Jam. 6. p. 11. c. 22. As also after the running of the anni utiles King James his perfect age of Twenty five years compleat is also mentioned, Jam. 6. par. 12. cap. 159.

That all Kings, and Princes, or Magistrats, whatsoever holding their place, that shall happen to reigne, or bear rule over this Realm, at the time of their Coronation, and receipt of their Princely authority, swear to serve God, according to his word, and according to the same word to maintaining the true Religion, the preaching of the word, and right Ministration of the Sacraments now received, and to abolish, and gain stand all falss Religion, contrary thereto, to rule the people according to Gods word, and the Laws of the Land, and to procure peace to all Christian people, to preserve, and keep the Rights and Rents of the Crown, to forbid, and repress all oppression, and wrong, and to procure justice, and equity to all Creatures, and that they shall root out of their Lands, all Hereticks, and enemies to the true Kirk of God. Ja 6 p.1 c.8. Anno 1567.

Ratification of all things done in King James the Sixth his name, and for maintenance of his authority by his Regents, and Others, since his Coronation, and annulling all things acted by any other authority, since that time, Jam. 6. p. 3. cap. 50.

Act Ratifying the Royal power, and authority over all Estates, as well Spiritual, as Temporal, in the Person of the King, his Airs, and Successors, and that they and their Councils, are judges competent to all Persons, their subjects, and in all maters wherein they shall be summoned, or charged to answer fuch things as shall be inquired of them, and that none decline the King, or his Council in the premisses, under the pain of Treason, Ja. 6. p. 8. c. 129.

No Council, Convention, or Assemblie, to treat, or determine in matter of State, Civil , or Ecclesiastick , (except the ordinary Judicatutes) can be held without his Majedties dpecial command, and licence, under the pain of unlawful Convocation, Ibid. cap. 131. (See Convention.)

This Act revived, and ratified, and to explaine it so as not to extend to Councils, and Conventions keept for preservation of the King, Religion, and Laws, or for the gude of the Kirk, or Kingdome, is declared to be false, and disloyal, Car. 2. p. 1. Sess, i.e. 4.

Act for establishing a Horse Guard to the King of Fourtie Persons, with two Hundred ponnds yearly the man, and that for that end, the King have the first years fruits of all Benefices, (laick Patronages excepted) with all the Fruits during the Vaccancy, as also the fifth part of the Rents of all Benefices yearly, beside the thirds, that his Highness hath right to, and may intromet with all Monks, and Nuns portions deceased, or who shall decease, that the Presentation, Gift, and Disposition, of all Prelacies pertaines to the King, by right of his Crown, Jam. 6. p. 8.c. 137.

No Leagues, or Bands, may be made amongst the Leiges, without the Kings privity, and consent, under the pain of Sedition, Ja. 6. p.10. cap. 12. See Leagues. Revived and Ratified with the same rejection of the false gloss put upon the Act, Ja. 6. p. 8. c. 131, above, Car 2. p. 1. Sess. 1. cap. 4.

That the Kings property sustain his House, and that who intromets there with ought to furnish the expences of the House, in ready money, Jam. 6. p. 11. cap. 67.

The Kings Casualities, fshould not be given away in great. Ibid. c. 69. See it in Cafuality. To strick, hurt, or slay, any person, within the Kings Inner-Chamber, Cabinet, or Chamber of Peace; The King being for the time within the Palace, or within the Kings Council House, the Council firing, or in the Kings presence, where ever he be, is Treason, and if it be done within the Inner-gate of the Kings Palace, where His Highness resides, for the time, it is Death, Jam. 6. p. 13. Cap. 173.

The Kings of this Realm being free Princes, of a Soveraign power, having als great Prerogative as any other King, or Potentat, Therefore, they ought to have the like Customes of all gudes imported, and thereupon the Act imposing the saids Customes proceeds, Ja. 6. p. 15 c. 251. ( See the Act in Customes.)

The negligence of the Kings Officers in persuing, or defending his causes, prejudges not His Majestie, but may be supplied by their Successors, in their Offices, without necessity of Reduction, Ja. 6. p. 16. c. 14.

That no man invade, or persew another, within a mile of the place of his Majesties residence for the time, or resort within his Palace, or Place of residence, armed, with Jack, or Corslet, under the pain of wairding for year and day, and finning at his Majesties pleasure, Ibid. c. 26.

Act acknowledging his Majesties Soveraign Authority, and Royal Prerogative, over all Estates, Persons, and Causes, rescinding all things done or to be done in the contrary, with a faithful promise perpetually to acknowledge, obey, and maintain, the Life, Honour, Authority, and Royal Prerogative, of his Majestie, his Airs, and Successors, with Lives, Lands, and Gudes, and to withstand all who shall intend to impungue, hurt, or impaire the same, and never to come in the contrary, Ja. 6. p. 18. c. 1.

The same Act Ratified, and the Prerogative asserted in favours of King Charles, Car. 1. p 1. c. 3.

The haill Estates acknowledge the King to be Soveraign Monarch, absolut Prince, Judge, and Governour over all Persons, Estates, and Causes, Spiritual, and Temporal within the Realm, Ja. 6. p. 18. c. 1.

The Temporal Jurisdiction of the Kirk, flowes from the King only, as all other Jurisdiction doth. Ja. 6. p. 20. c. 6.

The Parliament refer to the Kings appointment, to prescribe the habites of Magistrats, and Commissioners of Burrows, Lords of Session, inferior Judges, and Lawyers, and of all Kirk-men, and in what manner, and at what times, to be used, Ja. 6. p. 20. c. 8. ( See the Act in Apparel ) and the same power as to the apparel of Kirk-men, is declared to remain with King Charles, and his Successors, Ca. 1. p, 1. c. 3. The