Page:The Laws and Acts of Parliament of Scotland.djvu/831

 _AEls of Tarliamtmt, &c. Viagout of money. And that falfe Strikers of Gold or Silver, oroffalfe Groats or Pennies, be puniihed as Law will : And that none ftrike any in time coming, without licence under theGreat Seal, la: 2. p. 6. c. 28. and la. 3. p. 8. c. 65. That money be not had out of the Realm, under the pain oi ten pound', and the value of what is exported. But Clerks are herefore made accomptabte to their Ordinaries, as Seculars are to the King, la. 3 . p. 1. e. 8. Ratified, la. 3. p. 4.C. 24. That no Stranger Merchant have money out of the Realm, under the pain of elcheating of the money.and of his other goods, Ia,4. p. 4. c. 41. And that Search- ers be appointed, andtohave thefourthof the money found for their pains: and this to be point of Dittay, la. 4. p. 6. c. 69. And all thefe Afts anent the having forth of money, Ratified, la. 5. p. 7.C.108. andQ. M-p. 9. c.69. with this Addition, that the contraveeners (hall efcheat all their moveables, the fourth part to the difcoverer ; and if he be a Partner in the money, to be not only free of the pain, buttohave the forefaid reward. Andthis Aft to endure for five years, ibid. Q. M.p. 9.C. 69. Aft Ratifying all fotmer Afts againft rhe Tranlporters of money, Ja *6. par. I j. cap. 249. Amoftftrift Aft againft the tranfporting of money, appointing Metchants, Skippers, Cuftomets,. and keepers of the Cocquets to fwear before rheThefau- ier, orhisDeputes, nottoexporr, nor fuffer the fame tobe exported, nortocon- ceal the expotting theteof - and that no Merchant or Skipper Trade, or make Voy- age to any forraign place before they take the faid Oath, and produce Extracts thereupon, under the pain of the fifth of their Moveables, aud being uncapable of .Merchandizing or Sailing any Ship : And there is only allowed to Paflengers./! v/j pounds for their charges, and all Licences are difcharged, exceptto fuch as (hall make faith or give Bond that the money is to be beftowed for Timber in Norway, or for Viftual in rime of extream dearth, and that they lhall return the fuperpliu, Car: 2.-p: i: Self: 3.C: rr. The advifement of the three Eftates touching the matter of money, and a new Coyn of Silver and Gold then to be ftticken : That the Mafter of the money an- fwer for all ftricken under him, while the Warden have taken efley theteof, and put it in his Buift : And that he may choofe Servants under him to ftrike, and may punifh them if they trefpafs. And that fttickets ( if poflible ) benoGold.-Smiths, Ja: 2:p: 8: c: 33 • Another order about money and the Cuinzie, that the Lords of Exchequer ex- amine the finenefs of the Coyn prefented them in a Buift by the Warden, Ja: 2: p: 13: cap: 58. Order for Cuirizieing of Copper money four to the penny , and that there be Cuinzied 300. pounds containand Silver, Ja: 3- p: 1: c: 9. AnOrdinancecryingupthe money, and that no Black Pennies be ftricken in timecoming, under pain of death, Ja:3:p: 3:c.i8. Another Ordinance to the fameputpoie, Ja: 3: p: 4:c: 22. A third Ordinance thereanenr, made by the Lords of the three Eftates depute thereto, Ibid: c: 24. That no Black Money but the Kings own be taken in payment, and that no man bring home ftrangeBhckAfoney, or counterfeit the Kings money,under the pain of death, Ja: 3-p: j:c:4i. Another order about rhe money, Ja: 3 : p: 6-.c-.4y. That no Silvet or Gold Cuinzied be burnt down either by Cuinzeours or Gold- Smith? without the Kings licence, but that it beholden whole to pafs among the Leiges, Ja. 3. p. 8.C.66. And that under the pain of efcheat of half of the move- ables for the tirft, and of the whole moveables fot the fecond fault, againft the Owner and Melter, Ja: 6: p: i:c. 17. The rates of money Gold and Silver hightned, Ja. 3. p. s.c.68. Andit may be doubted from this and the former Afts what reckoning was then made for the ihilling, feeing that the Rofe Noble is eftimat to Thitty five Hulling. Order for Cuirizieing of money, that thete be ten Groats in the ounce of Silver, and pafs for fourteen pennies the Groat : And that there be a penny of Gold to pafs for thirty of the faids Groats, Ja. 3. par. 13. c. 93. Ja. 4. par. i.e. 2. And par. 2. cap. 17, Hacks cryed down, and the King declares he will receive them in, and give a fourteen pennie Groat fot feven of them, Ja. 3. p. I3:c:97. That Gold or Silver money ,of good mettal, & jull weight pafs, and be received, albeit with crack &flaw,or folded, Ja. 4. p: 2. c.17. Ratified, under the pain, to the Refufer, of lofing the value, Ja. 4. p: 3.C. 3 7. p. 4c. 40. and p. S.c- 97- And that falfe money be clipped and broken by the Kings Ofriciars, and fo delivered back tothe Owners, Ibid: Ja:4; p: 4:^40. That the King appoint an expert man maftet of the money, for folifting the Acts made anent Money and Bullion, la. 4. p. s.c. 56. That nothing be taken for Wiflelling of Gold, under the pain of oppreflion : And that no man wrong Gold of its weight, under the pain of falling ot money, la. 5. p.7.c. 99. Ratification of all Afts againft the home-bringers of falfe Cuinzie, or forgers thereof within the Realm, and the tevealer ordained to have the halt of the ef- cheat of the Contraveeners Lands and Goods, Q. M. p. 9. c. 70. That the King may caul'e Cuinzie Gold and Silver at fuch finenefs as other Conntreys do, and that no Layed Money be Cuinzied without confent of Parlia- ment, la. 6. p. i.e. 17. That in every Burgh able men be appointed by the Magiftrats to fee all money told, andtoclipfallemoney,and the payer to lofe it, and the receiver to pay tothe Clipper:^ penny per pound, Ibid: c: T9 Aft anent the change of Cuinzie then made, wherein the quantity of the Cuin- lie then ftruck is faid to extend to two hundred and eleven ftone and ten pound weight of Silver : And the new Cuinzie is appointed to be of eleven penny fane, at fourty (hillings the ounce, la. 6. p. 7. c. 106. ^bboisSi. . Aft Ratifying all former Afts againft the taifers of the ptice of money, to the tranfporters thereof; and ordaining the ounce of Silver Cuinzied at eleven penny fine to (land at fifty (hillings, and the ounce of Gold of twenty two Cartetts fine, to ftand at thitty pound, and all forraign Cuinzie of Gold or Silver is difcharged to havecouife, la. 6. p. i$.c. 249. MUM-BEER. Jfum-beer licenced tobe imported, and thatit'oelyable, each Barrel not ex- ceeding twelve Gallons, in thirty (hillings of Cuftome, and as much for Excife, Car. 2. p. 2. Self. 4. c 2. . MUIR-BURN. ThatnomanmakeMuir-burnafterthefiiftof M-trcft till all Corns befhorn.un- der the pain of fourtie /billing to the Lord of the Land of the burner, or if he have it not, fourtie dates Impiifonment and if the Lord negleft.then this to be a point of Dittay, Ja. 1. par. 1. cap. 20. That no Muir-bum be made fra the firft of i/Urch till llcbaelme sunder the pain offive Pound, Ja, 3. par. 10.cap.76. That the Commander of Muir-burn to be made pay fourtie pilling to the King, beftde the pain of the maker,Ja,4. par. 4. cap. 48. Th at the un-law of Muir-burn be five pound. la. 4 par. 6. cap. 71 . The pain augmenred, and that for the firft time it be five pounds, for the fecond: ten, and forrherhird Twenty pounds, and fo forth for each time Twenty pounds, Ja. 5. par. 4. cap. r 1. Ratified. Ja. 6. par. 6. cap. 84. MimCK. That the youth be inftrufted in Mufick, and that Magiftrats of Burghs, and Pa- trons, and Provofts of Co!ledges,where Song-fchoolesare founded, letup Schools withMafters, as they will anlwer on theperrillof their Foundations, JaS.par. S. cap. 98. See DEMEMBRA- MUTILATION. TION Mutilation rekoned with flaughter,and fire-raifing,Ia. 5. p. 7. cap. 1 1 8. and Ia.«. par. 6. cap. 76: N ATURALIZATION. Aft naturalizing all Fr™6 men, Q: M: p: 8.-cap: 6*. Seeit in France. Aft Naturalizing all Sttangersof the Proteftant Religion, who having Eftates, lhall bting the fame, and come and dwell in this Kingdom, ot who (hall fet up new Works and Manufafturies, and come and fettle thetein, pto- mifing them upon Petition to hisMajefty the free exercife of their Religion in their own Language, providing alwayes that the benefit of tliis Aft be granted and applyed at the Councils fight, Car. 2. p. 2. Sell". 1 . c. 7. NAVIGATION. Aft for the encouragement of Shipping and Navigation, ordaing all Goods to be imported after a day yet blank in the Aft, f torn the original and proper places whence they are in ufe firft to be tranfported, and in Scots Ships, or in Ships be- longing to thefe places, undetthepainof Confifcationol Ship and Goods. Thar all Goods Shipped as faid is, not imported by Ships of this Countrey, belyable in double Cuftome. That all Goods belonging to Aliens, in whatfoever Vefiels. im- ported or exported; asalfo, all Goods whatfoever exported in Forraign Veflels, be lyable to doable Cuftoms. That Scots Shipsbe Navigated only by a Scots Ma- fter, and at lead three parts Scots-men: And the Aftcontains an order fot ve- rifying a Ship to be a Scots Ship, andgeting Certificat thereupon : And that no Cuftomcr allow the benefit of a ScotsSkipper ro any Ship,untill the fame be fo veri- fied, under the pain of deprivation : Butthis Aft extends not to import from ^i- fia. ^Africa, or ^America, or from Mufco and Italy, untillit (hall be fo declared by Aft of Parliament, Privy Council, ot Council ot'Trade, nortothe import of Corns from any place, in any Ship in time of dearth, declared to be fuch by Aft of Council, Car. 2. p. 1 '■ Sea- 1 . c. 44. NOTARS. That Notars in time coming be made by the King, and not by the Emperour, and that Notarsfo made be examined by their Ordinaries the Bifhops, and have theit Certificats, la. 3. p. s.c. 31. That the Bifhops and Ordinaries examine all Notats, and punilh the infufficienr, and fend thefufficienttotheKingtobe made Regal, la. 4. p. 6. c.64. Thar the Sheriffs examine all Notars Laicks.and the Ordinaries all Norars Spiri- tual within their bounds, and caufe rhem book rhcirSignes, and admit them by an Aft, orherwayes their Inftruments to make no faith, la. 5. p. 6.C.76. That all Inferiour Judges prefent their Clerks and Notars to the Lord's to be ex- amined, without prejudice tothe faids Judges to change as oft as they pleafc, ibid. cap. 78. That all Inftruments be taken in the hands of the Notar of the Court, and if the Patty will have another Notar,that the other pafs within the Batr.and Inftruments be taken in both their hands, and that the two Notais be Witnefles to othets, other- wife rhe Inftruments to make no faith: That the Notar of Court retufe Inftruments tonone, undetthe pain of Deprivation, and to be puniihed in his perfon and. goods, la. s- p <S-c, 81. Addition to the fotefaid Aft, la. 5. p. S c. 78. And that all Notars be fent into the Lords of SefTion beiwixr and a cerrain day, ro be by them ad mined, and if any notadmitted ufe theOffice of Notary, that their Inftrumenrs make no faith, and themfelves be puniihed as falfers, Q. M. p s.c. 24. That the Lords of Seflion may charge Notars to compear as faid is. bring- ing with them their Protocals to be marked and numbered, but the (aids Protocalls, not to be feen or read, but delivered back without infpefti- on. That all Notais be admitted by the Lotds, and that they defign in their Inftiumentsthe Witnefles they require, by their dwelling, or fomcevidenr token (SeeWttncJJes) That falfe Notars, andNotarsnot admitted as faid is, and the caufeis of their falflioods, be puniihed by efcheat of moveables,cutting off of theit right hands, and baniihment ; andfartherby the tinfell of their life, if the caufe lb require, at the difcreiion oftheludge, Q. M. p. 6.c. 43. The day appointed for commencing of" this laft Aft prprogat to the firft of March 15G*. And the Aft thenceforth Ratified, Q: M:p: 9: c: 78. That all Notars be made by the Queens Letters, and thereaftet examined and admitted by the Lordsof Seflion, who (hould take theit Oaths, and P.egiftrat their right Signs, and who does in theconttaiy, in making Notars, 01 ufing the Office, tobe puniihed by death, and their Inftruments to be null, Aid. c. 79. Aftfufpendingthe Admiffion of any more Notais for five years, and that none be admitted thereafter butfuch as underftand congtuousLatine, and have ferved a Lord of the SefTion, Writer, or Clerk, the fpace of feven years, and (hall report theirTeftimonial thereof rorhe Lordsof Seflion, who by themfelves. otfome of the Cletks to the Signet, (hall take full proof of them, by forming fome Evi- dent. That the Bands and Afts of Cautioners for Notars be extended to their Airs, and that their Cautioners be obliged in time coming that their Protocalls within fifteen dayes after their deceafe (hall be brought in to the Clerk Regifter, or his Deputes, upon (atisfaftion to be made to his Relift, Bairns, or Executots there- fore, at fight of the Lordsof SefTion, and the faid protocalls to be made forth- coming thereafter to all concerned, on their reafonable expences, lam. 6. par. 1 1. cap 45'. Butthe laft parr, anentfatisfaftion for Protocals, correfted , and all havers of Protocals of Notars, aftet their deceafe, ordained to bring in the fame to the Clerk of Regifter, under the pain of an Hundredpound: And if the Relift, and Children bring rhem in, rhen the Clerk Regifter is to make a note of their names, to the effeft they may be called, when trankimpts are perfewed for, and receive fatisfaftion from the Parry, ar the Lords fighr, but this Aft extends not to Proro- cals of the Cletks of Fiee Burghs, which theit Relift, and Children, areholden. to deliver to the Magiftrats of the fame, to remain in their Regifter, and tobe made furth coming as-accords, la. 6. p. 22. cap. 22. H NULLITY.
 * That Searchers be made at all Ports, and on the Borders, for to reftrain the ha-
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