Page:The Laws and Acts of Parliament of Scotland.djvu/840

 ^An Abridgement of the S ALTERS. See Coalliers. Salt Works declared to be free, and that they are publick Manufactories,' and to have the priviledges thereof: That French Salt be fold at the places of its import, at five Pounds per Boll, L;»/;% u)meafure, including the fourty /lulling or Ex- cife and Spanifi; Sahfoi fix pounds in rhe fame manner, under the pBn of an hundred pounds toties quoties for ilk Boll, fold above the faid rate, half to the King, half to the difcoverer. But that this Aftbe without prejudice to his Majefties Prerogative, as declared by the Aft, Car.2.p. I. Sefl. 3.C.26. Car.2.p. 3.C 27. SOWING. See Labouring. SCHOOLES. That all Bartons, and Free-holders of (ubftance, put their eldeft Sons, and Airs to Schooles, to learn Latine, and Arts, and Jure, that they may under- stand the Laws, under the pain of f went te pounds, lam. 4. P- S- cap. 54. That all Schooles, and Colleges , be reformed , and none admitted to inftruft the youth primly, or openly, Wuch as fliall be tryed by the Superintendents, and Vifitours of the Kirk, lam. <5. p. i.cap.n.. Ratification of the Aftof Council, tenth of December, 1616. for Panting of Schooles, and the Birtiop of the Diocefie is impowered with content or the Here- tots andmoftpartoftheParochiners, oriftfieHeretorsrefufe, withconfentof moftpart of the Parochiners, to lay a ftent on every plough, for maintenance ot the faids Schooles, and Letters are ordained to be direct at the School-matters in- ftance, &cc. And if there be any complaint, the Lords of Council are to heat , and determine it, Car. r. p. 1. cap. 5. That none be admitted to teach any publick School, without Licence ot the Ordinary, Car, a. p. i.iSeff. 2. cap. 4. SCOTIA NOV^, or NOVA SCO- TIA. Ratification of the Charters, and Infeftments, gtanted to the Vifcount of .Ser- toli, his Airs, and Afligneves, and ot the River, and Gulr of Canada , and Boundsand Priviledges therein contained, fpecially thefe Charters following, one of the date the tenth of September, 1621. Another the twelfth of July, 162J. An- other the third of May, 1627. Another the fecond of February, 1628. witn an Sienatour dated the 24. >Augu(i, 1633.AS alfo of the Aft of Convention the iexth of July, 1630. Approving, and confirming, the dignity, and order of Knights Bauonet, and all following thereon, Car. 1. p. 1. cap. 28. S E A L , and S E A L I N G , See Subfcripion. That the Great, and Privy Seals, be appended to Chattels, and other Writs written Book wayes , as well as Btood-wayes , and that upon an Tye , or Band, going through all the Leaves in the Margine, Cat. 2. par. 2. Sefl". 3. tap. 7- S E A S I N G. That all Seafings upon precepts forth of the Chancellary, be given by the Sheriff Clerk and other Seafings by famous Notars, lam. s.p.«. cap. 77. But this Aft difpenfed with for bygones, in refpeft of the troubles, and ratified for thereafter, with this addition, that the Sheriff, Stewart, or Baillie of Regality, or Royalty crtheir Deputes, be required to give the faids Seafings. Watch if theyre- fufe, the Party may make another Baillie, Q: M: par. 6. cap. 34- ■>*»*« But it is again difpenfed with for bygones, and until the fitft of March, 156^ Q/M:p. 9. c. 80. And both thefe Afts are thereafter reftrifted to precepts on re- touts, and Seafings thereupon, la: 6:p: 18. cap. rj. That all Seafings not given on precepts forth of the Chancellarie, be within year - and day prelented to the Sheriff Clerk, and the lame ot a btieviat thereof infert in his Books, for which the Clerk fhould get two /billings , and that the Cletk bring yearly to the Exchequer, the Books of the faids Seafings, and leave a double there- of, fignedbyhitn, with the double of this Protocol, toremain in the Regiiter, Q:Mrp.«S.cap.46. Renewed lam. 6 p. n. cap. 64. That no Sealing be given within Burgn, but by one of the Baillies, and the fom- raoun Clerk, orherwife to be null, lam. 6. p. 1. cap. 27. One Notar, with a fufficient number of honeft witnefles , fufficient in Inftru- jilent of Saifing, la. 6: p: 9: cap. 4. See Witness. That Infttuments ot Saifing be Regift rat within fextie dayes, lam. 6. p. 22. c. r 6. See it in 1{egi fixation. SEPARATION. That fuch as otdinarly abfentthemfelvs from their Paroch Kirks on the Lords day, incurre the pains following, each Noble-man, Gentleman, and Hetetor, the lofs of a fourth of each years rent, in which they fliall be convicted; and each Yeo-manorTennent, the lofs of fuch a patt of their Moveables, as the Lords of Council fliall modifie, not exceeding a fourth, and every Burgefs his Liberty, and the fourth of his Moveables : And the Council is to execut this Aft againft all, who after Admonition of the Minifter, before two fufficient witnefles, and by him lb attefted, fliall be given up to them, with power to them to inflift farther corporal pains, as they (hall judge necefl'ary; and to doe every other thing for procuring obedience to this Aft, and for the executing thereof, Car. 2. p. 1. Sefl. 3 ■ cap. 2. This Aft contains alfo a Ratification of the firft , third , and fourth Afts of the fecond Seflion of this Parliament. That all his Afajetties fubjefts of the reformed Religion , attend the Worfliip in their own Churches , and that who ihall with draw for three Lords day together, without juft excufe , be fined as in the Aft. Which Aft the Sheriffs, Srewarts, Lords of 'Regality, and Magiftrats of Burgh , are to execut , and are allowed to have for themfelvs all the fines, except thefe of Heretors, for which they are to be comptabletothe Thefauty : And if an Heretor, Life-renter , or Wodfetter, finea, thereafter obftinatly with draw for a year , the Council upon the Inferior Judge his Delation , may put them to figne a band not to rife in Arms, &c. Which lfthcy lefufe, theyaTetobefecured by Eanifliment. or otherwife they amit to the King their Ample, andLife-rentefcheat, and this Aft is appointed to conti- nue for three years, unlefs his Majefty continue it longer , and that it be without prejudice of the Churchs Cenfures, Car. 2. par. 2. Seff 2- cap. 7. This Aft continued for three years after the expiration of the firft three years, and longer as his Majefty ihall be pleafed to appoint : And that Magiftrats of Burghs execut the fame upon their Butgefles : Ana that they and the other Judges named in the former Aft, be Diligent , and give accompt of their Diligence year- ly, the firft Thurfday of July, to the Privy Council, under the pain ot Five han- drenmerks, Car. 2. p. 2. Seff. 3. cap, 17, tfERjAND, SeetMairs, imdCUetfengers. SERVANT. A hired Servant from Martimefs to Whitfimdaj, may be detained by his Mafter, or compelled by a Iuftice of Peace, to flay with him for the fame hire, from Whitfunday to Martimefs, unlefsthe Servant can verifie , to thejufticeof Teace, or Conftable of the Bounds, that he is hired to another Mafter, and a Iuftice 01 Peace may compel a Servant running away, to return to his Mafter: As alio all Loofe-men, and Women, to fetve for competent hite , and Labourers m«y ap- prehend all fuch within their bounds, and iniploy them in their works, Jam.«. pat. 23. cap. 11. SESSION. The Chancellour and certain Perfons of the three Eftates, to be chofen by the King, appointed for the Seflion , and to fit three times in the year, where the King fliall pleaie, forallCaufes, proper for the King , and his Council, Jam. 1. p. 3. cap. 65. The Lords of Seflion appointed at this time, by Commiflion of Parlia- ment, given toagude Number of the three Eftates, are impowered to know on all Civil aftions, not concerning fee , orHeretage, and ordained to Caufe the Party in the wrong, pay to the other his expence , lam. 2. par. 14. cap. 61. Aft feting down the mannerof bringing Caufes before the faids Lords, and that the other caufes their mentioned, be utterly decided by them, without re- meed of Appellation to King, or Parliament, Ibid. cap. 62. That thole Lords bear their own Coft, their Charge not being great, and that the better to help, they have the Kings unlaw of their Court, which is Fohrtie /Iiillings, to be devided betwixt them , and the Clerk Regifter, Ibid. cap. 63. That in place of the Lords of Seflion, the Kingchoofea Council to fit conti- nually in Edinburgh, or where the King pleafes to decide in all Civil Maters, Jam. 4. p. 6. cap. $8. The Inftitution of the Colledge of Juftice, commonly called the Seflion, for doing Juftice in all Civil Matets, and that it confift of fourteen, half Spiritual, half Temporal, with a Prefident, and they are authorized, to decide upon all Aftions, Civil, and none others to have vote with them, lam. 5. par. 5. cap. 36. That they begin to fit at Edinburgh, and at what times, Ibid. cap. 3 7 . Tfla t they be fwornto Minifter Juftice equally, lbid-.c1p.3g. That their Decreets have the fame force, thattheDecteetsof the Lords of Seflion had before, Ibid. cap. 39. Providing the Lord Chancellor being prefent, have a vote , and be principal , and that alfo three, or four more of the Kings greatCouncil to be named by him, have vote with them, Ibid. cap. 40. That the fifteen Lords, then nominat , fubicribe all Deliverances , and none others, iW.cap.41. That the Chancellour, oiPiefident, receive the Oaths of the Lords, and in the abfenceof the Prefident, the King is to name a Vice- prefident, Ibid. cap. 42. Command is given to the Lords, to conclude upon Rules, and Statutes, to be keept in theii older of proceeding, which the King promifestoRatifie, iW.cap.43. Follows the Rules and Orders then fet down, and firft the divifion of the Re- alm in Quarters, iW.cap.44. Priviledged Summonds, Recent Spuilzies , cal- ling of Letters, redeeming of Lands, Aftsof Adjournal, Superiors to hear them decerned to tine their Superiorities, Reduftionofinordinat Proceis before She- riffs, and Baillies, and retreating, and transferring of Decreets , and that Let- ters that concern Horning havePiocefsatall times, Ibid, cap 4$. That all other Maters be called by the order of the Table, alldayesoftheweek, except Eryday afligned for the King, Queen, and Strangers Matgrs, i41W.cap.45. That Aft* be called at the dayes afligned, for expedition of witnefles , and efchewing of ex- pences, Ibid. caf. 46. That it be eeked to all deliverances to Sheriffs, that they admitPartiestotheirdefences, and Minifter Juftice equally, iW.cap.47, Or- der for Table and Seats, iW.cap.48. That the Lords enter the Houfe at eight hours dayly, and fit until elleven , Ibid. cap. 49. That afterthe entrie of the Lords, the Houfe be ifched, and that an Maifer ftand at theDoot, cap. $o. That no man enter in pley, except the Patties contained in the Summonds, and their Procuratours.if they any have, c. s 1. That Bils be firft read, then Afts called, and then the Table proceeded in, and that all Parties deliver their Bils, and Aft*, to the Chancellour, or Prefident, before they enter, or incontinent thereafter, by a Maifier, cap. 52. That three Lords be deput weekly „ as they are placed in older, to examine witnefles : And that they conveen dayly at two afternoon, in the Houfe , with a Clerk , or an of his Writters, fworn by the Lords for that effeft, cap. 53. That all Matters be called by the order of the Table, as is above Statut. cap. 54. That the Lords being fet, Silence be keept, and that none (peak, or round with his marrow , and rhat no other interrupt the two, that ihall be com- manded by the Chancellour, or Prefident , to argunne any Matter, but'when they havedone, others may fpeak upon leave asked, cap. 55. That the debate being ended, the Chancellor, or Prefident, require rhe votes of the Lords in order, and that the Clerk read their names,and that none argunne another in voting, c. 56. That in adviling , or giving Sentences , there be ten at leaft with the Prefident , 01 Chancellor, (but the Aft, lam. 6. par. 1 1 . cap. 44. Infinuats nine ordinary Lords to be a quorum.) That the Lords ablent not, but upon Licence of the Chancellor, given, in pnefentia. That all Publicaiion of witnefles, and orherExaminati- onofProcefs, be made in praifenti a, cap. 57. That the Lords Decreetsbe Exe- cut by Sheriffs , Parievants, orMaiflers, for the fie appointed by Aft of Parlia- ment, (See it in Fie, lam. 4. p. 3. cap. 30.) cap. 58. That all Clerksof the Signet, be fworn to be faithful, and not reveal what they writ , or doe for their Imployers, cap. 59. That the Clerks of the Signet take only eight pennies for writing a Bill, and twentie pennies for Letters on an Decreet, andfor other Letters as formerly, under the pain of tinfel of Office, cap. 60. That Writers mark their Bils with theit names, that none frnftrat another of their Labours, and that all Deliverances be written by Clerksof the Seflion , cap. 61. That Maiflers be fwornto be faithful, and that they be fecret , and take no more for their Labours then two /Iiillings, un- der the pain of Deprivation, and infamy, cap. 62, and 63. That there be ten Advocats appointed to be genetal Procurators of the Council, and that they ferve all men for their wages , and that they be fworn to be faithful, cap. 64, and 65. That Advocats remove with the Parties , and enter again with them, at the giving of Inter-loquutors, cap.66. That an Dilator, being repelled, all the other Dila- tors be proponed at once, and thar no Advocat, except the Kings Advocat, pley within the Bar, cap.' 67. Follows the Kings gude mind anent the Lords, where- in he ratifies rhe foregoing Statutes, andpromifes not to charge, or delire them to doe otherwife in any Matter, then as Juftice requires, and to maintain, and defend their Perfons, Lands, and Gudes, from all wrong, and becaufe the faids Lords prefents his Majefties Perfon, and bears his Authority , the King pro- mifes to give no Credence to any that Murmures them, but firft to call them, and if found culpable, to puniih them, andifnottopuniftthe Complainer, with all rigor, and farther exeems them from all Taxes and Burdens, and from bear- ing all Offices, except tht-y pleaie, with power to them to puniih fuch as lightly them, with Imprifoument, in any of the Kings Caftles, and if the Injurie be great, that the King be advertifed, t.iathe may gar the fame be puniihed, and this RariHcaiion the King Signes, and .Ordains, to be Regiftrat the Tenth cf June