Page:The Laws and Acts of Parliament of Scotland.djvu/841

 t_A£is of Parliament, &c. •f Jam the nineseen year of his Reigne, which wis the year , is 33. Ibid. cap. 6%. Ratification of the College of Juftice, and of the Popes Approbation, and Con- firmation rhereof, with power to the Lords, to make Afts , and Statutes, for or- dering of Ptocefs, and haiftie expedition of Juftice , and that in the abfence of the Prefident, and Vice-ptefident, the eldeft Senatour in [order prefide for the time, Jam. 5 p. 7- cap. 93. Ratification of the Inftitution of the College of Juftice, and that Letters be di- rect againft the Prelats, for geting in the Contribution money due to the Lotdsof Seffion, Q.M.p.z.cap. 2. The Lotdsof Seflion are declared to be Judges competent, to the Reducti- on of Infeftments, albeit confirmed in Parliament, lam. 6. par. i.cap. 18. Upon a complaint by the Lotdsof Seflion,of Privy Charges direct to them,by the, King and his Council, to forebear, (fay or remit Procefs to the Parliament,or to (top Execution, its declared , and ordained, that the Lords proceed in all Civil Caufes intended before them, and caufe Execut their Decreets, notwithftanding any ptivat writing, or command , at the inftance of any .Party In the contrary, lam. 6. p. 6- cap. 92. That no Lord of the Seffion, by himfelf , his Wife, or Servants, take bude, bribe, gudes, orgeir, either fraPerfewer, or Defender, under the pain of De- privation, I nfamy , and efcheat of moveables, the an half to the King, and the other to the Revealer, and the Offenders Perfon to be in the Kings will : That the King fliall nominat to beLotds, men fearing God, able, and having fufficicnt living of theirown, who fliall be tried by a number of the Lords, and in ca(e the Perfon prefented fliall not be found fo qualified, the Lords may retufehim, and the King fliould prefent another, and the rrefidem fliall be choofen by the whole Senatours, either of the Spiritual, or Temporal Eftate, and (o they may alfo eleft, aVice-prefident, in the abfence of the Chancellour, and Prefident.Jam. 6. par. 6. cap. S3. Ratification of all Statutes made by the Lords, for Expedition , and Execution of Juftice, lam. 6. p. 8. cap. 139. That there be payed to the Lords by the finer of the plea twelve pennies, per pound, where the fubjeft is liquid, and Five pounds where it confifts in Faijo, and that by the fame order as was obferved in their uptaking of Fourtie fhiUings of each Decreet of before, Jam. 6. par. II. cap. 43. (See Jam. 2: p. 14. cap. 63. here.) The Lords are declared Judges competent to the Interpretation of the Aft of Oblivion,nine Ordinaries being alwife prefent, as in the ether caufes at the pro- nouncing of Inter-loquutors, and Decreets, Ibid. cap. 44. fecaule the Loids of Seffion ate appointed fot the decifion of all Civil Mattets, Therefore the King declares his mind by Aft of Parliament, that to all Vacations in the Seffion, he will prefent men fearing God, of good learning, knowledge, and praftique of the Laws, having fufficient living or their own; And farther, it isStatut, that no man be received to be a Lord of the Seffion , unlefs he be fuffi- ciently tried, and known by the King, and Lotds , and have in yearly Rent a thou- sand merks, or twentieChalder of Victual, and be of the age at leaft of twenty five years complete, otherwifehisPrefentation, and Admiflion to be null, la: 6. p: 1 2: cap. 132. The Modification of Affithments for Crimes committed fince the Kings Coro- nation, referred to the Lords of the Seffion,Iam. 6. p. 12.cap.1j5. Ratification of all Priviledges granted to the Senators of the College of Juftice, and Members thereof, notwithftanding of any Aft, or Statut, fpecial, or ge- neral, in the contrary, lam. 6. p. 1 3. cap. 1 70. The fame Aft repeated verbatim (which feems to be by fome miftake) Ibid. cap. 1 8 3 . Another ample Ratification in their favours including alfo the Lord Chancel- lor, lam. 6. p. 14. cap. 211. Toftrick, hurt, or flay any Perfon, within the inner Tolbuith. the time that the Lords aie filing, declared to be treafon, and to doe the fame within the outter, Tolbuith the timeforefaid, is death, lam. 6. p. 13. cap. 173. No .Lord of the Seffion Ordinary, or Extraordinary, may (it, or vote, in any caufe . where rhePerfewer, or Defender is either rheir Father, firothet, or Son, lam. 6. p. 14. cap. 212. Extended to the like degrees in affinity, as alfo where the faids Lords are Uncles 01 Nephews to the Parties, Cat. 2. p. 3. cap. 13. Seethe Aft in Declinatour. The Harveft Vacance appointed , to begin the fitft of Auguft , becaufe of the Harveft, and that the Lords are content to enter every day, during the Summer Seflion at eight in the morning, Jam. 6. p. 14. cap. 213. Ik. That no Member of the College of Juftice buy Pleyes , Ibid. cap. 216. See it in Tleyes. Commiffion to the Lords of Seffion, to decide the Action of Reduftion of the ]?oie-f aultout , of James Wood, Appearand of Bonnitottn, lam- 6. p. 17. the$.of the un-prirrted Afts. The Lords of Seffion declared to be the Kings great Confiftory, and an high Supream Commifllon granted to them for all Confiftorial Caufes, providing neverthelels they be ftill Accountable to his Majefty, lam. 6. par. 20. cap. 6. Aft in favours of the Lords of Seffion, for ten thoufand pounds to be payed to them yearly, outofthisMajeftiesCuftomes, which ate for that end, and in fo far diflolved ftom the Crown, and all Inttomettors with the faids Cuftomes , are made lyable to the Lords for theit better payment, and Caution is ap- pointed to be found by the Cuftomers for that effect, in manner fet down in the 'Aft, /W.cap. 11. The Lords of Seffion appointed to be Judges betwixtthe Patron, the Perfon pre- fented, and the Biftiop, anentPaftions betwixt the Fatrou and Intrant, whetherSi- moniacal, or not,Ja.6. p. 21. c. 1. Taxation of tinjlsillings the pound Land of old extent, fot the Eftate of Batons, and Free-holders, and io proportionally for rhe Spiritual Eftate, and .Eftate of £utiows, granted to the Ordinary Lotdsof Seflion for increafe of theit ftock,and thatyeatly, for four terms or years, beginning the firft term at Martimes, 1633. and thtlMtobe Martimes, 1636. Car.i.p.i. c. 22. General Ratification in favouts of the Colledge of Juftice, Ibid. c. 23 ■ That when the Lords of Seffion ordain twelve p enn ies of the pound to be payed in any Decteet, the (ame fliall notbepayedby the obtainet, but by the Party a- gainft whom the Decreet is obtained, and the not payment by the obtainet fliall be no ttop to the Extiafting, Car. 1. p. 1. c. 26. The judicial proceedings under the Engliffi Ufurpers before the Commiffioners for adminiftration of Juftice, who fatin place of the Lotdsof the Seffion, Ratifi- ed, butfoasanylefed thereby may bring rhe fame to be reviewed before the Lords of Seffion, within a year after the down-fitting thereof, or of the Party lefed his attaining to Majority, if he be now Minor, Car. 2. par. i.Seff. i.cap. 12. •An- no 1661. Ratification of all priviledges and Afts in favours of the Colledge of Juftice, Senators, Advocats, Clerks, Writers to the Signet, and remanent Membets of the fame, declaring that the whole priviledges granted and belonging to the Lords, and Senators thereof, fliall belong to all the reft, in all time coming, Ibid. cap. 23., Twelve tbouf and pounds SteW/n^ given to the Lords by way of Alleflnient, for bettering of their ftock; andthe Aftaflerts the Lords of Seffion to be the Supream Judges undei his Majefty, in all Civil Caufes, Ibid. c. so. Other ten tboufand pounds yeatly, beiide the ten thoufand pounds granted by King jf ame s the Sixth, p. 20. c. 11. (above) given to the Lotds of Seffion out of the Csftoms, and whole fum of twenty thoufand pound* yearly, equally lecured by 39 both the Afts, and appointed by this Aft to be payed together. Car. 2. p* 1. Sefl. 2.C.7. Ratification of theptiviledge of the Ordinary Lordsof Seffion, as to their ex- emption ftom all butden impofed, or to be impofed by this or any other Parlia- ment, Car. 2. p. 2. SeiT. 2. c. 8. Aft regulating the order of Procefs, and methods ofproceeding before the Sef- fion, as alio, all Advocats, Clerks, and Writers Fees, with the mannet of keep- ing the Regiftets of Homings, Inhibitions, Interdiftions, Seafings, Reverlions, andothers, Car. 2. p. 2. Sefl. 3. c. 16. The Summer Seflion fuppreft and difcharged, and rhe times of the Seffion year- ly appointed to be from the fitft of November until the laft of March, excepting the furceafe from the twenty fourth of December until the filft of January, Car. 2. p. 3. Sell i.e. 7. SHERIFF. See Judges. That the Countrey, all, or part, hearing the Kings Horn, or thereto warned,_ rife and follow the Sheriff in purfuit of Fugitives, the Gentleman under the pun of four ty fallings, and the Yeoman under tiie pain of twenty Jfjillin^s, Jam. i.par. 6. cap. 99 . That the Sheriffreceive perfons arretted by the Crowner, and keep them in fir- mance to the Juftice Air, upon the Parties own expences, ot if they have it not, upon the Kings, ztthree pennies per diem, and if the Sherifffailzie, that he be ly- able as a Borgh, Ja. 3. p. 14. c. 101. That the Sheriff & Crownet fliould thole an Affife the laft day of the Juftice Air, ibid, c.i 03. See Crowner. The Sheriff difchatging unlawful Convocation of the Lieges, and difobeyed, may ceafe the Court that day, and complain oi the difobeyers to the King, Aid. cap. 104. Sheriffs, Stewards, and Baillies, and other Officiats, fliould execute all De- creets, and theit Fees appointed to be twelvepcnnics of each pound, Ja. 4. p. 3. c. 30. And that whether they be Sheriffs Ordinar, 01 in that part, and to be pay- ed by the Debitor, Ja. 4. p. 6. c. 66. That there be a Sheriffappointed for T(ofs, and another for Caithnefs, lam. 4. p. 6.C.61. That Culrofs and Tulliallcn come to the SheriffCourt and Juftice Air of Strivi- ling: And a farther particular dirifionot Shires made in the Aft, ibid.c. 73. Bat this divifion otdained to be only for Juftice Airs, and not for Sheriff Courts, la. 4 p. 7. c. 101. That Sheriffs, Stewatds, ot Baillies, giving Seafing on Precepts forth of the Chancellary, write the day and ye-ir thereof, and bring the fame to the Exche- quer ( See Seafing ) And this Aft laid to be made, becaufe Vaflals are hurt by the lying out of theit Over-lords unenrercd, Ja. 4. p. 6.c. 89. That Sheriffs caufe proclaim the names of all Denounced and Regiftrat at the Horn in his Books, upon the Mercat da yes ptecee ding the three Head Courts, and that the Catalogue ot them be affixed on the Metcat Ciofs, and in the Tolbuith, that they may be repelled ab agendo, and that within fifteen dayes tneieafter they fend their names to the Thefaurer, that theit Efcheats may be taken up, la. 6p.6. cap. 76. That the Sheriffcharge himfel f with, and make compt of all Efcheats lnttomct- ted with by him within his Jurifdiftion, Ja. 6. p. 1 i.e. 74. That Sheriffs give in yearly atthe beginning of the Seffion to the Lords, the names of the Deputes and Clerks they mind to make u(e of for that vear, and that they be charged to find Caution Burgefles dwelling in Edinburgh, Afted in the Booksof Council, that they fliall yearly make due compt and payment in Exche- quer, Ja. 6. p. 1 i.e. So. Ratified, Car 2. p. 1. Sefl. 3. c. 14. That ShenfTs and all Judges Ordinary to£utghor to Land, within Regality or Royalty, be diligent to know the Laws, and put the (ame to execution, lpecially infeatching, purfuing, and wairding Traitors and Rebells, asthey willanfwer at their peril), ot the fame pains incutred by the Traitors; As alfo, infearchingand apprehending of Sorners, Vagabonds. (trongBeggers, md Egypt ins; as alio, in giving Extracts of Seafings and Retouts. at teafonable prices, in bringing their £ooks and Compts yearly to the Exchequer, and in making of able Deputes and Cletks, who fliall be bound to bring theit Regifters to the Exchequer, and that they find fovetty for doing thefe things, and fending their Deputes and Clerks yearly the firft of Woi/froter to the Lords of Seflion, to be examined, and admit- ted, under fuch pains as the Lords fliall modifie, wherein if they tailzie, that they be denounced, and all the Lieges exempt ftom their Jutifdiftion, Ja. 6. p. 12. cap. 124. The Office and Duty of Sheriffs tranfientlyfummed up, Car. 2. par. 1. Sell. 3. cap- 1 J. SHERIFF-CLERK. ThattheSheriff-Clerkscometo the Exchequer with the Sheriffs, and bring theit Books fubfciibed with theit hands, la. 5. p. 6.C.79. Toremain in the Reg"i- fter, la. 6. p. 1 1 . c. 64. That Sheriffs-Clerks Books be marked by the Regifter, as other Notats Books, and that the authentick Copies be reported yeatly, to remain in the publtck Regi- fter, and that they be anfwerable for this yearly in Exchequer, under the pain ot Wairding or Horning, Ja. 6. p. ij.c. 271. SHIP. See Merchant, and Navigation. That Ships breaking here,the Ship and Goods be efcheat to the King; if they be of a Countrey keeping fuch a Law,but if not, that they have fuchfavour as is there (hewn, Ja. 1 . p. 9. c. 1 24. That no Ship be Fraughted without a Clutter rarty,whereof the points are. What the Matter of the .Ship fliall f utnifli to the Merchant, that in cafe of debate betwixc . them, they underlythe Jurifdiftion of the Surgh whereto the Ship is Fraughted; That Goods be not (pilt by ill (tolling; That no Goods be fliotn, or ftiickenup; That the Mattel futeno Goods on his Over-loft, 01 if he do, thefe Goods pay no Fraught, nor do the Goods beneath .Scat or Lot with them, in cafe they becaften- That every Ship exceeding five Laft of Goods, pay to the Chaplain of the Nation a Sack Fraught, and if within five Laft, the half ot it, under the pain of five pounds: And that no Drink-filver be taken by the Mallei and his Doers, under the fame pain: And homeward a Tun Fraught to the KiikWotk of the Town that they ate Ftaughted to, la. 3. p. 2. c. 14-, , ,. ... This Act Ratified, and thatnoGoodsbefutedonthe Over-loft, .nor the Mer- chants Goods ftneken up, nor(paked,nortieven, undei the pamol twentypounds to the King, la. 3 p.I4.c.io9-, „ , That no Ship be Fraughted outward with Staple Goods from Simon and fudes day, uWCandiemas, undei the pain of /i«/>0fc»<ij, la. J. p. i.e. 15- And la. 5. p. 4 c 2S. wheie the pain is railed to twenty pounds. And la. 4. p. 2.c. 14. where trie time prohibit is from Hallowmas to Candlemas, excepting that any Goods may- be fent forth in the timeforefaid in o'hips that bring in i'alt, or Wine, la. J. p. 4- 03 That no Ships pafs forth of the Realm without the Kings Cocquet, la. 6- p. 2. c 40. See Cocquet. Ships reckoned amongft Goods moveable, Ia.6.p 4.C. s«- That all Ships be Viftualled within Free Butghs and l'orts,at the light of theMa- giftiats, and Cuftomeis there, a*id maiked by them, and it anymore be found. thatitbeconfifcat, U.6P.5.C.67. ^ SHOOTING.