Page:The Laws and Acts of Parliament of Scotland.djvu/834

 5 2, bents any hither light to the Teinds, then they had before the making of this Aft, Car. 2. par. r.SefT.i.cap. 9. Thatall Patrons of Kirks, or Benefices of Cure, be careful to prefeilt pious, Loyal, learned , and peaceable men , who fliall take , and fubferibe the Oath of Allegiance before a Judge Ordinary , before the granting , and their accepting theprefentation, otherwife if a Terfon that hath not taken the Oath, fliall be pre- ferred, the prefentation fliall not only be void, but the tight thereof as to that Vacancy fliall belong to the King, and the Patron be repute difaffefted to his Ma- jetties Government, and a Contemner of his Authority, Car. 2. par. 1. Sefl!i> cap. 36. PAYMENT. See Money. Order for payments on the then change of money, and that Wodfets upon the money running at that time, be out quit by the fame , or by the avail, lam. 2. p. 8. cap. 3«- That Debts be payed of the fame fums in fubftance, as it was intended be- twixt the Parties, before the Aft crying up the money, and tharufual money of Scotland in all bygone Contracts , be underftood as the money went before it was criedup,Iam. 3. p 3. cap. 19, and par. 8. cap. 69. The King being prayed, grants, that if he cried down the money, yetpayments fliall be made at the prefent avail, la. 3. p. 3. cap. 21. That of black, 6r Copper money, there be taken in payment, Twelve pemles only in the pound, lam. 3 . par. 4. cap. 22. Augmented to Two JhiUmgs per pound, Ibid. cap. 24. PEACE, See Fee it. That Peace be keept, and holder! through the Realme, and that no man move weir againft another, under the pain of Law, lam- i.p. i.e. 2, That the King make Peace and unity, among his great Lords. , and that they, and the Juftices make unity among fmaller Perlons, Jam. 3 P- 13- cap. 92. That the King for Peace, make all Farties , and Perfons , to be at fteindfliip, and concord, and punifh the Party obftinatly refuting , Jam. 4. par. 2. cap. S. PECK to the Boll. That in Bargains for Victual, noeek, or addition, of any quantity be made, except upon payment for the fame price, as is conditioned for the firft Boll, and that Under the pain of fourtie /billings to be payed by the Receiver, for every Boll otherwife received, (befidc the price) the half to the King, the other; half to the Delator, Jam. 6. par. 23. cap. 17. PEDAGOGUE, See Touth. That Pedagogues fent by Noblemen, and Others, with their Sons out of the Countrey, have the Bilhops Testimonial of his Religion , and Learning , unier the pains, to the Earl of Five Thoufand pounds , to the Lord of Five Tboufand merkl, and to the Barron of ThreeThoufandmerks , Jam. 6. p. 20. cap. 1. That none be admitted Pedagogues without Licence of the Ordinary, Car. 2. p. 1. Self, 2. cap. 4. That Pedagogues take the Teft, Car. 2. pal. 3.cap.S. SeeiunTe/?. PENSION. That no penfion be pnrchaled of any Benefice without content of the Poffefliur, Jam: 3. p. 1. cap. 4. He who pretends tight to any Penfion purchafed after the date of this Aft, fliould produce the ptincipalGift, and the fame being improven, or reduced, any Ra- tification, Confirmation, Decreet, or Letters thereupon fall in Confe^uentiam , Jam. 6. par. 1 1 . cap. 62. Aft Ratifying the Clattfe in the Aft of Annexations, 1587. about Penfions, and thatall Penfions out of Prelacies, whether Spirituality, or Temporality thereof, not authorized by decreet, or Poflefflonih thePtelats life, and before the Aft of Annexation, benull, a.ni of none avail, Jam. S. p. 12. cap. 157- PERAMBULATION. Thatin Perambulations, thePerfonsof inqueft be honeft, fubftantious men, Heretouts within the Shire, if they may be had, or four halfs about, or tour next Shires, that beft knows the meiths of the Lands , unlefs the breives be proven by a bounding evident, or Authentick writ, lam. 6. p. 6. cap. 79. PESTILENCE. ThatHoufesbeclofedup the time of the Peftilence, or if the Inhabitants be unwilling to be clofed up, thattheyf>e put out of Towns, and that no man burn, (thatisfinge for cleanfing)an others Houfe, but gif it may be done without his Nighboursskaith, Ia.2 p. 13. cap.57. PEWTER. That Pewterers put the mark, and his own Name upon his work, And that it be of the fined marked with the Rofe in England, under the pain of efcheat thereof , and further punifliment by the Magilirats; and for this end that there be Sey-ma- fiersappointed.andthatPewtererstakebetwixtthepound of oldTin, or lewter marked with the Rofe as faid is, and the pound of new caflen by them, Two /hil- lings allanerlie, underthe pains forefaid , Car. 2. p. 1. Self. 3. cap. 8. That broken Pewter be not exported, Car. 2. p. 1. Sefl! 1. cap. 49. Sieinforbid- dengudes. PILGRIMAGE. That none go in Pilgirmage to Kirks, Chapels, Crofies,, or the like, keep Saints dayes, ling Orrales, or obferve any other Superftitious Papiftical rite, underthe pain of an Hundred pounds the Landed man, an Hundred merks the un- landedman, xni. fourtie pounds the YSaman, and the offender not refponfal , to be Imprifoned forme firft fault, and for the fecond that the offenders be punilhed byDeath, asldolaters, Ja, 6. p. 7. can. 104'. PLANTATION of Kirks. Commiflion for Plantation of Kirks, themeaneft Stipend, wherethe fruits of the Benefice may af oord it, Five Hundred merks , or Five Chalder of Vittual , the higheft an Tboufand merks, or Ten Chalder , and power given to recompence Pa- irons, Tackfmcn', and Sub-tackfmen , by Tacks, Prorogations, and otherwife, as the Commiflioners fliall think fit. Declaring that where this Commiflion fliall take effect by Decreet, the perfons having tight to the Teinds fliall not be farther quarelled, and this Commiflion to endure, until the firft of ^iugufi 1613. Ja. 6" par. 2Z.C3p.. 3. ^Anno. 1617. Another Commiflion for Plantation of Kirks, almoft in the fame term*, ap- An _Abridgement of the pointed to begin the tenth of January, 1 £22, and to eudute for year, and day, Ja. i, p. 23. cap. j. Aft Ratifying the Aft of Commiflion of Surrenders, twentie fexth of Jane, 1627, finding eight Chalder of Viftual, or Proportional in Silver, and Victual, to be tlie loweft maintenance for any Kirk, except particular reafons occur. Which are by this Aft referred to be confidered by the Sommiflionets for Plantation , &c. And all Afts, and Decreets of Modification , already made by the faid Commiflion ■ are Ratified', and Letters ordained to be direct thereon, Car. 1. p. t. cap. 8. Commiflion for Valuation of Teinds , and Plantation of Kirks, Car. i.p. i.e. 10. .Anns 1633. All Decreets , and Sentences , given by the Commiflions for plantation of Kirks, in the years 1649, and 1650, are declared to be valide, albeit the authority of thele Commiflions be declared void, except in Co far as the fame upon coniplainr, ihall be found to have been unjuftly pronounced by the Commiflion, to be given in thi« Parliament, Car. 2. p. 1. Sefi! 1. cap. 9. The Aft is, ^iil approving the Engage- ment, 1 648, See. * Commiflion for Plantation of Kirks, and Valuation of Teinds, Ratifying all Afts, and Decreets of former Commiflions granted fincethe year, 1640. Al- beit all Parliaments fince that time be refcinded, this Aft gives power to value butnottofellTeinds, even where Minitfers are in pofleflion by leading, as alfo' allows Heretots to buy, any time within three years alter Valuation, Car. 2. par. 1 Sen". 1 cap.61. ^Anno 1661. Commiffion for Plantation of Kirks, and Valuation of Teinds, Ratifying the Commiffion, 1633. (except as to Alterations made by fubfequcnt Commiflions ratified in this Parliament) As alfo the Commiflion, L66I. This Commiflion al- moft of the fame Tenor with the foimei , only it excepts from the Ratification of the Afts and Decreets of formei Commiflions, fince theyeai, 1640. all De- creets of Valuation , or Modification , paft fince the year, 1637. Whereby the Bifliops are prejudged of what they then Poffefled , Car. 2. pat. 1. Self! 3 cap. 28. Commiflion fot plantation of Kirks-, and Valuation of Teinds, much of the Tenor of the former , and referring to the Commiflion, 1633. As to the modi- fying, and fetling of Stipends , and giving Heretors liberty to buy within three years aftet the date of the Aft, which is of the 28. ^f «£»/?, 1673. And if they be Minors , two years after their Majority, &c. Car. 2. par. 2. Seff {• cap. 1 j. PLANTING and POLICY. That Free-holders caufe their Tennents, plant Woods, Trees, and Hedges, andfow Broom, in convenient places, la. 2. p. 14. c. 80. For Planting, and Policy, That every Lord, and Laird, make Farks,with Deere, Stanks, Cunningairs, Dowcats, Orchyeards, and Hedges, and plant at ieaft an Aikei of Wood, la. 4. p. 6. c. 74. Ratified, And that every man having an hundred pound Land of new Extent, where there is no Wood, plant Wood, and make Hedges, andHaining, extend- ing to three Aikers, lefsormote, effeirand to his Heretage, and that they caufe their Tennents plant for every merk^Land, a Tree, underthe pain of ten pounds to be payed by each Laird that failzies, and the King may give Commiffion to exe- cutthis Aft, la. 5. p. 4. c- 1 o., Afts againft peeling, barking, and deftroying of Wood: See in Thief t, and WW,fpecially the Aft, la. 6. p. 19. c. i.iaTheift. Which provides particularly, and amply, for the piefervation of Planting, Inclofures.and all manner of Policy. Aft Ratifying the Aft la. 1 . p. 4. c. 9. Entituled, ^in URfor Flaming of Wood's, Fotrefts.andOrchardsi ( but there is no fuch Aft, but the Aft meaned muft be, la. 2. p. 14. c. 80. TofowBioom, and make Hedges. Oi la. 4. p. 6. c. 74. That Hedges, and Paiks, &c . be made. ) And all other Afts for that efleft : And far- ther, That every Heretor, Ciferenter, or Wodfetter worth a ffe>»/W /•««»<* of va- lued Rent, Inclofe yearly for ten years next enfuing, four Aikers of Ground, and plant the fame with Oak,& other Trees.at three Yards diftance; and other Heretors of greater or Iefs rent accordingly,and that they uphold the fame, and they may at the fight of a Judge Ordinary, Call: about the High Wayes, not exceeding two hundred Elns on their whole Ground, And where there are Lifetenters, that the charges divide betwixt them and the Heretors : And that proper Wodfetters ihall havethe charges of their planting eeked to the reverfion : Aud who cuts or breaks any l'uch Tree, fliall pay twenty pounds, or who breaks down the Inclofure /•&•« pounds to the Heretor, or work fix weeks, or ten dayes to him for meat, and drink only. And thefelnclofed Grounds are declared free of all Burdens, and Quar- terings of Horfe, for ninteen years after the date of the Aft. That Nighbours keep their Beads off others Inclofures at all times, undei the pain of five pounds totics rjuoties to the Ownei ; And that where Inclofures fall to be made on Marches, the next Hetctorbeat half charges, Cai. 2. p. i.o>fl!i.c. 4r. And if the Matches be crooked, and unequal, 01 unfit foi Dike, or Ditch, the Inclofer may require rhe Sheriff, Juftices otTeace, or other Judge Ordinary, t6 vifit and legulat the Marches, with the beft conveniencies, by adjudging peeces hmc inde, and ordain- ing any juperpltu price that happens tor adjusting, to be payed, that the Dike, oE Ditch fo made, be thereafter the common Match, Car. 2. p. 2. Sell! 1. c. 17. P L A Y E S. Aft difcharging the Hayes, and Personages of %obin Hood. Little John, *Ak~ bitofttnrcafon, and Queen of May^ Q.- M. p. 6. c, 61. PLEDGES. See High-lands. That no Nobleman, or Baron, (being burdened therewith,) tefufe to accept of High-land, or Border Pledges, but that they receive them, and be anfweiable for them, undetthepainof two thoufand pounds for each Pledge, lam. 6. pal. IS cap. 28. PL E Y. That no Lord of Seflion, Ordinary, or extraordinary, Advocats, Clerks, Wri- ters, their Servants, or any other Members of the Colledee of Iuftice, or of any lhferiour Judgement, be themfelves, or others, to their behoove, buy any Lands, Teinds, Rowms, or Pofleffions, depending in pley, undecided, under the pain of tining their places, and all Priviledges thereof , Jam. 6. par. 14 cap. 216. PLOUGH, See Labouring, and Sowing. POINDING. That Poinding for maills and Annual-rents, be deferred to thethrid day, after the folemne dayes of Whitfunday, or Maitinmes, Ja. 3. p 5. cap. 35. See Sabbath. . ThatHorfe', Oxen, of other Goods pertaining to the Plough , and Labour, be not poinded the time of labour, where other Guides, or Lands, maybe had to be Poinded, orAprifled, Ja.4. p. 6. cap. 98. That Decreets given in aftions of double poinding, for the partie compearing, may npt be quarrelled as to by-gones by the.partie abfent, unlefs he have an necef