Page:The Laws and Acts of Parliament of Scotland.djvu/838

 the 6 6 That rrttte have the benefit of the Aft of Pacification i $71, and Aft of Oblivion 1 5 8 s, except (uch as ptofels the ptefent true Religion, and acknowledge the Kings Authority, lam. 6. p. 1 2. cap. 123. . j_ £ r -n. That all Jefuits, Seminarie Preifts, Excomunicat, and Trafecqumg Papilts, common enemies to a'l Chriftian Government, be apprehended, and committed bv all Magiftrats, untillthev be converted , or put out of the Kingdom, or pu mined, conform ro the Afts of Parliament, and that none relet them, under th pains following , the Earl , aThoufandpounds , the Lord, a thousand merks , thi Barron Five Hundred ponnds , the Ftee-holder, Three Hundred merks , and the Teaman, F ourtie pounde , and the Burgefs as the Council fliall moditienot ex- ceeding it Hundred founds, la. 6. p. 16. cap. 18. That°all wilful Refettersot Excomunicat denounced Fapilts, after Publication made by the Minifter of the Paroch , pay the Penalties of non-Communicants ; which are the fame with thefe in the Aft immediatlie preceeding , lam. 6. pal. 19" All Afts againft Jefuits, Seminarie Preifts , Papiffs, and their Refetters , Rati- fied, declaring as to their Refetters, that Intimation , and Denounciation made at the Head Burgh of the Shire , and Mercat-crofs of Edinburgh , fliall be fufficient to put them in malafide, lam. 6. p. 20. cap. J. Ratification of all Afts anent the Liberty, and Freedom of the true Kirk of God, and Religion prefently profelfed in this Realm , Car. 1. par. 1. cap. 4. That all Jefuits, Preifts, and Trafecqumg Papifts , betwixt and the laft of March, next i66r. Remove forth of the Kingdom under the pain of Death, Car. 2. p, 1. SeiT. 1. cap. 8. The King witn advice of Parliament declares his full , and firm refolution , to maintain the true Proceftant Religion , in its purity of Ito&rine , and Worihip , as eftabliibed in his Father, and Grand- fathers time, and to promovethe power of Godliuefs , and encourage the exercife of Religion, and liipprefsallProfannefs, and to <Mve Countenance, and Protection to the Minifters, behaving as becomes, as alio to fetle the Government of the Church, asihallbeft fuit Gods word, Mo- narchic, and. the Kingdoms Peace, and in the mean time continues Kirk- Sellions, Presbyteries , and Synods , notwithftanding the Aft Reciflbrie, Ibid. cap- 16. Ratification of all Afts anent the true Church, and Religion prefently pro- fefted, and ill privat meetings in houfes , under the pretence of Religious exer- cifes are difcharged, Car. 2.p. r. Self. 2.cap. 4. Ratification of all Afts for fetliug and fecuring the Liberty of the true Kirk, and Proteftant Religion prefently profefled within this Realm, all Afts againft Pope- ry. Car. 2. p. 3. cap. 1. Aft requiring all Judges, andOfficiars, to put the Laws againft Popery, and Papiits, and againft Fanatical Separatifts, and all Fanatick diforders , to full, and vigorous Execution, and that every Minifter give up yearly in October , Lifts of all fuchin their Paroch, to the fiiihops, and that the Bifhopstranfmit a double thereof for Execution to the Judges Ordinary, whoaretogive an accomptof their dili- gence to the Council yearly in December, and another double thereof to the Clerks of Council, whereupon the faid Diligence may be Examined, and Controlled, Car. 2. p. 3- cap. 6. REMISSION, and RESPITE. Where Remiflions, are given with condition to afsyth the Party, yet the cafe of Highland men is excepted, and Modification of mends appointed to be made in their cafe, as in the Aft, lam. 1. p. 2. cap. 46. He who takes him to his Remiflfion for Theift, or ReifT, fliould find ficker Burrows, to content the Party within fourtydayes, lam. 2. par. 14. c. 74. That no Refpits be granted, andthat they are more againft Iuftice men plain Remiflions, lam, 3. p- 13. cap. 94. That Remiflions expreem, and declare the greateft Crime , otherwife fhall not fave from a greater Crime, then the fpecial Crime exprefled, lam. 4. par. 6. cap. 62. * That no Remiflion be given for flaughter,on fore- thought fellonie, &c this ftatut to endure till fpeciallyrevockcd by hisMajefty,Z.'»i. c.63. Who takes him to the Kings Remiflion, orRelpite, foranyaftion, except (laughter, and mutilation, and rinds Soverty to aflith the Parry, the Soverties may be called before the Lords of Seilion , and the aftion is Priviledged as in recent Spuilzies as for (laughter, and mutilation, thattheorder of rhe former Aftbekeept, lam.s.p. 3- cap. 7. What Aft is meant by this former Aft is not exprefs, it may be the former Aft forbid- ding Remiflions. General Remiflion of Treafon granted be King James the Fifth, Iain, j. par. 6- cap. 92, The King at the defire of the States, clofes his hands from the granting of Re- miflions, or Refpits, for three years: That the Remiflions bear the Party to be affithed, and if the contrary be found, rhe Remiflion to be null, lam. 6. par. 8. . cap.T36. The King at the requeift of the Eftates, promifes to clofe his hands from grant- ing any refpite, orremillion, for any odious Crime Hull be committed for five years rhereatter, except upon a fufficient Letter of Slayns flaewn : And if any Re- miflion Iha-il be otherwife granted, it is declared null, and the Aft provides for Aflithments as to Crimes paft, lain. 6. p. 12. c. 155. ^Anno 1592. Rarified, fpecially as ro the Letter or Slayns, and that no Refpite, orRemifli- on be admitted, except compounded, and fubferibed by the Thefaurer, at lead paftinhisRegifter, la. 6. p. 13. cap 169. That no Remiflion, orRelpite, be granted to any Perfon, at the horn, for Theift, Rciff, Slaughter, Burning, or Heirihip while the Party skaithedbe fa- tisfied, otherwife rhat the fame be null, unlefs ltbe granted for pacifying the broken Countries, and Borders, Ibid.c. 174. That if his Ma jelly grant his lardon for any of the Crimes contained in this Aft the Party lliall be reftored to all intents, as if he had never been perfewed. Car. 2. p. 1. SeiT. 2. cap. 2. The Aft contains Crimes of Treafon, and'Sedi- tion. See Indemnity, Oblivion , and penal Statutes. REMOVING, SezPFaimiw. That Tennents labouring, and inhabiting, cannot be removed upon the change of the Lands to .1 lingular Succefior, but at the Whitjunday thereafter, la. 4. p.3. cap. 26. See it in Tennent. ' .' That Removings be made in nuiet manner, without Convocation, under the pain of unlawful Convocations, Q: M: p: 3 cap. 3. The order of Redemption being dulvufed, and the Party, and all other oc- cupyers, lawfully wanned, be tore any Whnfunday, after the Redemption, the order being ucclared, the Parry ihall belyable as a violent Fofleiior, for the laid terme, as if the Land had been granted lawfully redeemed the time of the order, Q: M: par. 6. cap: 30. That removings proceed upon lawful wairning, (as in w«w.»w) an d that the Summondsofre.novingbconlexdajes, and it at the day of compearance the Perender make alledg.mce, and offer to improve rhe lndorfation, that then he beputiofindCautionmltantlyfor the violent profits; that for difcuffin" of re- movings, Sheriffs, and all ludges bavins lutildiftiou , fit in lawful Courts the whole fifteen lawful dayes after Trinity Sunday, and if the Aids ludees grant not Pr.-cepts, and doe net Iuftice, that they pay tothePanv all his damages. Ibid. eaj>. 39. a An ^Abridgement of the RENTALS. ThatallRentalsoftheKingspropertynotbeingfewedtomep, and their Aift, have only the effect of naked Life- rents, la. 6. p. 1 i.eap. 68. REPLEGIATION. Where Replegiation is lawfully made , the Procefs led in the contrary is of none avail. lam. 6. p. 1 1. cap. 29. See 'Regality. RESCISSORIE ACTS. Aftrefcinding the Committees, and Parliaments, that fat after the Parliament, 164S. and all their Afts , excepting (uch as were paft in meetings of Parliament, or Committee, authorized by his Majeftiesprefence, and not Inconfiftent with this Aft, and alio Indemnifying all thofe that Afted in all the faids Committees, and Parliaments, or be venue thereof, except as to be thereafter excepted in this Parliament Car. 2: p. 1. SeiT. r. cap, 9. Aft refcinding the Parliaments 1640. 41, 44, 4s, 46, 47 > and T648, and all their Afts, but Indemnifying thofethat Afted in orby vertue thereof, (except as to be excepted in this Patliament) and alfo declating, all Afts, Righrs, and Securi- ries, paft in thefe meetings , or be vertue thereof, in favours of any particular Per- fon, for rheir Civil, andPrivat Interefts, tcftandgude, untillcontidered, and determined in this Parliament, ifcicap. ry. RESIGNATION. Procuratories of Refignation ad remancntiam fliould be fealed, and fubferibed by the Granter, or an N otar for him , or if the Vaffals make the Refignation Per- fonally, then the Inftrument fliould be fo fealed, and fubferibed by him, other- wife the Refignation makes no faith, Q-- M. p. 6. cap. 38. This Aftdifpenfed with for bygones, and untill the firft of March, 1563. Q, M.p. 9.C: Sr.. Infttuments of Refignation ad remancntiam, fliould be Regifttat, Car. 2. pat. 2. SeiT. 1. cap. 3. See'Regiftration. R E T O U R, See Vrecepts. The Retout fliould contain the old avail, and alfo the true avail the Lands are worth the time of fervingof rheBreive, Jam. 3- p.7- cap.s6. REVERSION. That Reverfions be effeftual upon payment of the fums therein contained , againft the lingular SuccelTor of the Granter, and they may be Regifttat for Confervation, andthatthe exttaftsmake faith as the principals, Jam.3. par. 5. cap 28. That all Revetlions, Bands, and difcharges thereof , be made under the fear, and fubfeription of the Granter, and if the cannot writ, that he fubferibe by aa Notar, and that all Writtings bearing, or for giving Reverfions, make no faith nnlefs Regiftrat in Judgment, in the Books of fome ordinary Judge, except Inftruments of Reverfion within Burgh, taken the time of the Refignation, andSaifin, before the fame witnefles, which are declared to make faith, Q.jVf. par. 6. cap. 29. That where Reverfions contain fpecial Gold, or Silver, notnowtobehad, the Reverfer may redeem by giving Gold, and Silver , saving courfe for the time , of the fame weight, value, andfinnefs, Ibid. cap. 37. REVOCATION, See Annexation, and ^Diffblution. Revocation of all Alienationsof Lands, and Gudes, thatwerein King James the Firft his PofTeflion, the time of his deceafe, made wirhout confent of the three Eftates, and rhat an Inventar be made of rhe Kings Gudes , and none of his Lands Annailzied, without confent of the three Eftates, untill he be of the age of Twentie ane years complete, otherwife the (aid Alienation tone null , Jam. 2. par. r- cap. 2. Revocation by King James the Third, of Alienations prejudicial to his Airs and Crown, Converfionsof Waird-holdings unto Blanch, making of Tailzies, as be- ing againft Confcience, or gifts of keeping of Catties longer then during will, la. 3. p. 9. c. 7t. Revocation by King James the Fourth, of all deeds done by King James the Third, after the fecond of February, 148S. Asgranted for the afliftance of the perverle Council , that were againft the common good of rhe Realm, and caufe of his (laughter, la. 4. p. r.c. 5. And that the receivers of thefe Gifts and Deeds bring in the fame within fourty dayes, to be deftroyed, Ja. 4. p. 2. c. 22. ■Revocation of all Gifts and Deeds granted by Kiagjames the Fourth, fince his Coronation, la. 4, p. 2. c. 1 o. ■Revocation of all Gifts given by King James the Third, after the fecond of Sep- tember, 1 487. As alfo of all Refignations received by him, and Infeftments there- on, attertnefaidday, inprejudiceof the righteous Airs, as;being granted by the King, mined by ill Counlel, and the fame are declared to be void and null, la. 4. p. 4. c. 50. ■Revocation by King James the Fourth at his perfeft age, after the priviledge of common Law, whereby upon the ground of Lefion and his Coronation Oath, he revokes, r. All Alienations made by himfelf, orhisPredecefldrs, of Lands, and orheis annexed to the Crown, or to the Principality. 2. All Gifts and Grants made in his non-age, as alfo gifts of Offices for Terms, and Tacks of long Terms- 3. All Tailzies from Airs General to Airs Male. 4. All Pofiefiions periainingto him or his Fredeceflois. 5. All change of Holdings,from Waird to Blanch. 6. All Regalities and Offices given in Heretage againft the Afts of Parliament. 7. All Gittsot Baftardries, orotherCafualities given by him in his Minority. 8. A11E- reftions and Unions of Lands in Baronies, and difcharges of Services and Suits, 9. All Creations of Baronies in Lands annexed. 10. All Gifts of Patronages. ir. All rhings that the common Law allows to be revocked. And laftly, All things done in hurt of his Confcience or Crown, prorefting that his A/ajefties tol- lerance fliall not prejudge his right- As alio, he revocks all Confirmations where Lands, or the greateft partof them were annailzied of before, and the lame not known to his Ma jefty, excepting from this Revocation the Lands given to the Earl ot'Bothiuel, and SilJohnRofs, la. 4. p. 4. c. 5 r. ■Revocation by King jf«OTM the Fourth, ofallDeeds, Donations, Afts of Par- liament, or others hurtful to the Catholick Kirk, his Confcience, or Crown, la. 4. par. 6, cap. 100. ■Revocation by King James the Fifth, after his perfeft age of twenty five years compleat, made firft m general at "Rowan in France, and now extended almoft in the fame terms with that of King James the Foutth, la. 5. p. 6. c. 70. ■Revocation Q; M. after her age of twelve years compleat, and the dimilTion of the Government made by the Earl of ^Arran, it contains the common Heads at fupra, and bears date at Fountain Bleau in France, the 25. of ^April, 155$. years, Q:M:p,-6.C,z8. Revocation
 * A Mno ,1633.