Page:The Laws and Acts of Parliament of Scotland.djvu/842

 ■I 40 SHOOTING, See Guns. SIGNATURE. An ^Abridgement of the That .Spears be five elns and an half in length, la. 3 . p. 1 1 . c. 8 1 : SPUILZIE. The date of Signatures ihould be filled up with the hands of the Thelaurer, Col- lector, Comptroller, Thelaurer of new augmentations, and Secretary, or their principal Clerks, andbearonthe back the date of the Regillration, and ficlike rhedayof the Signeting, Writing to, and pafling the Frivy Seal, ihould be mark- ed, and the trtall of Antedates not to be received but on great Adminicles, and a great fum conligued, and by the Writers, principal Officers, their Deputes, or Clerks, Wrirersto, and keepers of the Seals, andnoothers, and the falfliood, if found, to be punilhed with the pains of F«//«(oi, and LefeMaje/fy, and three parts of the Lands and Goods forefaulted to belong to the King, and the fourth to the patty injured, la. 6. p. 12. c. 133. .; That no Signatures, or Letters be prefented to his Majefty, but by his ordinary Officiars, unto rohofe Offices they properly belong, otherwife the faid Officiars are commanded under their higheftpetillto flop the fame,and the (aid ftoping fliall be repute good fervice, la. 6. p. 10. c.io. Ratified', and that the faid Officers caufe Regiftrat the Dacquet of the faids Sig- n atures in a Regifter, and fend the double thereof to his Majefties Secretary under their hands, that he may give his Majefty notice of all prior,or different deeds,Cir. 2. p. 1, Self. 1. c.60. SIMONY. Any condition made by the Intrant with the.Parron, referving to the Minifter a fufficient maintaiiianceanfwerable to the ftate of the Benefice, is declared not to be Simoniacai 5 And the Lords of Sefiiou are appointed Judges in this matter, la. 6. p. 21. c.i. SecTatron. SINGING. SttCMufick. SKIN and BIRN. That Beef, Mutton and the like be prefented to the Mercat with Hide, Skin,and Bill], under the pain of efcheat thereof, Q_: M-' p. 9.C. 8 s- SLAUGHTER. Where ever Slaughter is committed in Royalty, Regality, or Burgh, the She- riff ihould purfue the flayer while he be taken, or put out of the Shire, and in this cafe advertife the next Sheriff, or Lord of Regality, or his Baillie, who fhall do t he like diligence, and fo forth, untill the flayer be taken, or put out of the Realm; And that the flayer when taken, befentbackto be tryed to the Sheriff where the deed was done, and if the deed be found to be fore-thought Fellony, the flayer fhill die for ir. In cafe the firft Sheriff apprehend the flayer, that he put him in ficker faftnefs, and the Law to be done within fburtydayes at the fartheft, and if it be rede hand, within that .Sun, Ja. 1 .p. 6.C.90. The lame renewed, and extended to Demembration as well as Daughter, la. 4. p,-3: c:28. And in cafe ofefcape, that the refpeftive Sheriffs denounce the flayer- Fugitive, and forbid his harboury, refet, or help, under the pain of life and goods, la. 1. p, 6. C.91. And thefe Acts, la. 1. p. 6. c. 90, and 91. Ratified, and that the Sheriffs negli- gent be in the Kings wHl, and removed for three years, la. 3 . p. J. c. 3 6. and la. % p.7.c. 97. If a man be (Iain in the Barony, that the (layer be arretted, and the £aw donp by the Baron, if he have power, otherwife he fliall fend him to the Sheriff; but if he efcape unarrefted through (loth, or favour of the Baron, the Baron fliall pay twenty pounds, or he and his Officer imprifoned, and at the King s will, la. 1. p. 6. cap. 92. That the Officiars in Burgh arret! the man-flayer in like manner, Ibid.c. 93. If the Sheriff, or Minifter of the Regality, Miniftersnotthe'Law, andthis may be proven by an Aflife, or Witnefling of worthy and true men, three, four, or moe that then he be imprifoned fourty day es, andpay fourty pounds to the King, and the Croy to the neareft of Kin of rhe (lain, Ibid. c. 94. But probably the Aft ihould fay, if any Sheriff, or Minifter of the Royalty, ire. And fo the Title ihould be changed, as appears by the next Aft. That the Loid of B.egality wilfully negligent, be punilhed in like manner; and if the Minifter of the Regality fail, he ihall be punilhed by his Lord, as the Sheriffby the King, and Aldermen and Baillies in Burghs to be puniihed by the Kings luftice, ibid.c.ss- Where thecommitter of (laughter flees to Girth : See la. 3. p. 5. c. 36-. in Girth. See alio Fore-though Fellony. That if the man-flayer be put to the parties horn, he ihall be relaxed, or have Dilators of fourty dayes, but upon fufficient Caution, and if he then f ailzie to com- pear, that he be put tothe Kings Horn, and his Goods efcheat, la, 3. p. 6 c. 43. That the man-flayer charged by the Sheriff perfonally, or at his dwelling houfe, and at the Mercat Crofs of the Head Burgh of the Shire where the (laughter is committed, upon fix dayes to find Caution, and difobeying be denounced, and his Goods efcheated, and intimation made to the next Sheriff, la. 3. p. 14. c. 100. See "Relaxation. SOAP, and J'OAP WORKS. Oyl, Fot Allies, and all other Materials for Soap Works, and Soap making, ind all Soap made within the Countrey declared free of Cuftonie and hxcife, and " otherpublickorprivatdueswhatfoever: Asalfo, all Soap fo made and exported, to be free for nineteen years after the letting up of the faids Works, and after the date of this Aft, for fuch as are already fet up, Car. 2. p. r.Seff. i.e. 48. SORNERS. That no man ride nor gang with moe men nor may fuffice, and for whom he will make payment, la. 1. p. 1. c. 5. That no Companies pais in the Countrey, and ly on the Kings Lieges, orThig, or Sojourn Horle on them, under the pain of Aflithing, the King and Party com- plaining, ibid.c. J. That lnquifition be made by all Iudges againft Sorners, Mafterful Beggers, Bards, and made Fools, to be puniftied by Imprifonmentfolong as they have of theit own to live upon, and fra they have not, by nailing their Lugg, cutting off their Ears, and Baniftiment, and if they be found again, that they be hanged, la. 2. p. 6- c. 22. That Sornets be punilhed forthwith by the Iuftices, as Thieves, or Reivers, la. 2. p. 1 1.C.4J. Ratified, la- 3- p. 10. c- 75. That in ail luftice Airs lnquifition be taken of Sorners, Bards, and feignied Fools, la. 2. p. 14. c. 79. SPEARS. that all Spears be fix elns in length, under the pain ofefcheat of the Spears, and tfie maker or home-bringer to be in the Kings will, Ja. 3 . p. 6. c. 4 j. That in open and publick Reiffs and Spuilzies, the Sheriff caufe the Spuilziersor Refetters make reftitution, and arreft both them and the Goods to the Law, and if they dilbbey, Denouncethem, andif the Sheriffrefufe, that he be demanded by the Lieutennent, as the Spuilzier Ihould have been, la. 2. p. s-09. And this Aft to be fulfilled by the Lords of P.egalities alio, with affiftance of the Lord of theRyall, if need be, and if the Lords of Regaliiy fail, the Shciifirffiay fulfill it within the Regalities, ibid.c- 10. TheSpuilzie being proven, whetherthe Spuilzier compear or not, the Spuil- zied fliould be reftored, his expences payed, and alfo the Kings unlaw, la, 2. p. 6. cap. 19. Summonds of Recent Spuilzie, la: 4: p: 6: c: 6s. Setititi Snmmonds. That for Depredations, Reiffs, and Spuilzies, particular luftice Courts may be fet at the difcretion of the Lords of Sedion, the matter being firft civilly decided, la. 5. p. 4. c. 34.. In cafe of Thieft and Reiff by broken Borderers, or High-landets, the Party may purfue for his skaiths, to be modified by his own Oath, either before the Lords of SefTioni or the Iuftices, whereupon Execution fliall pals againft both the Pr'inci- palsandtheir Soverties, Ia:6:p: n;c:93. See Claims and High-lands. STALKER. See Wilde Beafts. Stalkers: flayers of Deere fliall pay fourty /billings to the King, and their Hold- ers «Bpo»»<fr, and this to be point of Dittay, la: up: 2: c: 36. STANCK. That none take Firti out of others Stanks, under the pain of Dittay and Thieft, la. 3 . p 7.C.61. See it with the Afts following in Thieft. That Lords and Lairds make Parks, Stancks, Cunningairs, Dowcats, and Oich- yairds, la; 4: p: 7: c: 74. SeeitinPtemng, aadiolicy. STEALING. See Thieft, STEWARD. See Judge, and Sheriff, STRANGER. That Strangers felling Merchandice for money within the Realm, either Wall their money for penny-worths, or pay theCuftomeof/o»»7f£a»i« per pound,la. 1. p. i.e. 16. Strangers Merchants coming in the Realm with Viftual, and other leifful Mer- chandice, fliould be honourably and favourably treated, and not troubled with Arreftments, and after entry made, the King fliould be firft ferved, and then the Lords of his Council, according to the price agreed with the Merchants, and the reft fold freely, la. 3. p. 10. c.73. Ratified and enlarged; and that the King and his Lords be tirft ferved for good and thankful payment, la. 3 . p. 14. c. 1 14. STUDENTS, See Vniverfity. STUDES, andSTUDE-PLACES. ThatStudes, andStude-placesbefumilhedwithMeiis, and Stallions, Jaaiwj,' p. 4. cap. 1 s - SUBSCRIPTION. That Writs under Seal, without the Subfcription of the Party, and Witnefles, or an Notar for the Party, if he cannot writ, make no Faith, lam. 5. pal. 7. cap. 1 17. That all Writs of Heretage, or of importance, be fubferibed , and Sealed by the Party, orifhecannot writ, by two famous Notars, before four famous Wit- nefles, well defigned, and ptefent at the time , otherwife the faids Writs to make no Faith, lam. 6. p. 6. cap. 80. But this Aft as to fealing, is declared not to be underftood of Writs bearing Re- giftrarion, a confent to the Regiftration being a greater Solemnity , and the due ffibfcribing thereof fufficient: And notwithftanding of the faid Aft, one Notar with an fufficient number of honeft Witnefles, is declared to be fufficient in In- ftrumentsof Seafing, lam. 6. p. 9. cap. 4. Noble-men, and Bifliops, only are allowed to fubferibe by their Titles, and all others fliould fubferibe by.their Names, and Sur-names, and may if they pleafe adjeft their Defignation OF, &c. fuch a place, otherwife they may be puni- lhed by the Council upon Information of the Lyon, and his Brethren, Car. 2. p. 2. Self 3. cap. 21. SUCCESSION, tee Teftament. Aft aliening the right of Succeffion to the Crown of Scotland, to devolve im-~ mediatly according to the proximity of blood, and that no difference of Religion, or Law, made, ortobemade, can alter, or diverr the faid right, norftcp, or hinder, the Succeflor, in the full, free, and Aftual Adminiftration, according to the Laws of the Kingdom, andthatitishighTreafon, by Writing, Speaking, or any other manner of way, to endeavour the Alteration, Sufpenlion, orDiveriion, of the laid right, or to debarr the Lawful Succeflor , from the immediat. Actual, full, and free Adminiftration of the Government, conform tothe Laws of the Kingdom, far. 2. p. 3. cap. 2. SWEARING. Particular pains ordained againft Profane Swearers, with gradual Augmentati- ons, and ending in Baniihment, Q; M: par: 5. cap: 16. Ratified, with an Aug- mentation of the pains, and that Magiftrats, to Burgh, andLandwart, appoint Cenfours in publick Mercats, and Fairs, with power to exaft the faids pains, and that Houfe-bolders, delate Offenders within their Hou(es,under the pain to be efteem- ed as Offenders themfelvs, lam. 6. p. 7. cap. 103. Ratification of all Afts made againft Swearing, and Onfing, and farther, that who fliall Blafphemes Swears or Cutfe , fliall pay, the Noble-man , Twenty pounds, the Barron, Twentie merks , the Gentleman , Heretor, orBurgefs, Ten merks , the Yea-man , Fourty /hillings , the Servant , Twentie flattings , toties queues, and the Minifter the fifth part of his Stipend, tobeapplie4asin the Aft, anent Juflices of Peace, andtheinfolvent, to be punilhed in their Perfoos, Car. 2. par.i.SeiT.i. cap. 19. Ratified, Car.2-par:2. Se(f.3. cap. 22. See it in Pro- fannefs. SUMMONDS. The Summonder may make his rehearfe in Court, by Writ, or by Tongue, keeping the (ex terras of Summonds, and he mud have fufficient witnefles of di- verfe