Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	council_n	parliament_n	privy_a	2,717	5	9.7040	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58642	The laws and acts of the second Parliament, of our most high and dread soveraign, Charles the Second by the grace of God, King of Scotland, England, France and Ireland, defender of the faith begun at Edinburgh, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. His Majesties Commissioner for holding the same, by vertue of a commission under His Majesties Great Seal of this kingdom: with the special advice and consent of the Estates of Parliament. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts.	Scotland.; Primrose, Archibald, Sir, 1616-1679.	1679 (1679)	Wing S1272; ESTC R217871	33,600	49

just and necessar it was that the Orthodox Clergy should be protected from the violence of disaffected and disloyal persons Did therefore with advice of His Privy Council by His Royal Proclamations of the fifteenth of March and thirteenth of June one thousand six hundred and sixty seven command and charge all Heretors Liferenters and others having any real Interest or Rent within the several Paroches of the Kingdom to protect defend and secure the Persons Families and Goods of their Ministers not only in the exercise of the Ministerial Function but in their dwelling Houses or being elsewhere within the Paroch from all injuries affronts and prejudices which they might incur in their Persons or Goods from the violence and invasion of any disaffected disloyal or other wicked person With certification if the actors of such outrages should not be apprehended and brought to tryal by the means and diligence of the Parochioners the Parochioners should be decerned to pay to suffering Ministers for reparation damage and interest such a sum and fine as His Majesties Council should determine as is more fully exprest in the saids Proclamations And the Estates of Parliament having taken to their consideration the proceedings of His Majesties Council herein and finding that the protection of the Orthodox Clergy and the restraining of the insolency of disaffected disloyal and wicked persons at this time did require more nor ordinary means and care from His Majesties Council Have therefore thought fit Likeas His Majesty with advice and consent of His Estates doth hereby Ratifie and Approve the two Proclamations aforesaid and the proceedings of His Majesties Council in prosecution thereof and authorizeth them still to prosecute the same as occasion shal offer until His Majesty in His next Parliament give farther Orders therein And it is Declared that this Act is and shall be but prejudice of any former Laws and Acts of Parliament made against the invaders of Ministers and of the pains therein contained And particularly the twenty seventh Act of the eleventh Parliament of King James the sixth and seventh Act of King Charles the first His Parliament in Anno 1633. Which Acts His Majesty with advice foresaid doth hereby Ratifie and Approve and Declares the same to stand in full force strength and effect in time coming VI. ACT. for the ordering of Suspensions of the Benefices and Stipends of the Clergy November 30. 1669. THe Kings Majesty being careful that the maintainance of the Clergy be duely secured unto them and that they be not withdrawn by unnecessar Law-sutes for recovery thereof Doth therefore with advice and consent of His Estates of Parliament Statute and Ordain That no Supension shall be past in time coming against any Archbishop Bishop Minister of the Gospel or Universities and Colledges of any Charges to be given at their instances for payment of the Rents of their Benefices Stipends or Colledge-rents where they have special Decreets against the Heretors or possessors due and lyable in payment thereof to them except upon production of Discharges or consignation of the sums charged for if the Rent of the Benefice or Stipend consist in money or of one hundred merks Scots for ilk Chalder of Victual where the same consists in Victual and proportionally if the Victual charged for be less then a Chalder without prejudice to the Lords of Session to modifie a greater or less sum for the Chalder of Victual as they shall find cause at the discussing of the Suspension And if any Bill of Suspension of a general Charge shal be presented in time of Session That the ordinary Lord upon the Bills before the passing thereof call for the Chargers at the Bar that they may instruct the ground of the Charge And in case it shall be found by the Lords of the Session at the discussing of the Suspension that either the Charge hath been malitiously given or malitiously suspended That the Lords modifie a fifth part of the sum charged for of expenses of Plea to be payed by the malitious Charger or Suspender VII ACT for Naturalization of Strangers December 8. 1669. OUR Soveraign Lord out of His Innate Bounty and Royal Inclination to favour and protect Strangers and for the encrease and promoving of Trade and Manufactories being garciously pleased and willing to give encouragement to Strangers to repair to and dwell and reside within this Kingdom Hath therefore thought fit Likeas His Majesties with advice and consent of His Estates of Parliament doth hereby Statute Ordain and Declare That all Strangers being of the Protestant Religion either such who having Estates shall think fit to bring the same to this Kingdom to dwell and inhabite within the same or who shall come to set up new Works and Manufactories therein and shall repair to and settle their abode dwelling and residence within this Kingdom shall be and are hereby naturalized as native born Subjects of the Kingdom of Scotland and are to enjoy His Majesties Royal Protection the benefit of the Law and all other Priviledges which a Native doth enjoy al 's freely in all respects as if they themselves had been born within the same and that they shall have liberty and freedom of Trade and freedom to buy and purchase Lands Heretages and other Goods moveable and immoveable and to enjoy the same by succession purchase or donation or any other way and to dispose thereof and transmit them to their Heirs and Successors who are to succeed thereunto And to enjoy all other Liberties Priviledges and Capacities which do belong to and are competent or may and shall belong to any native Subject born within this Kingdom And further His Majesty doth Declare that upon applications to be made unto Him by these Strangers He will grant unto them the free and publick exercise of their Religion in their own Languages and the liberty of having Churches within this His Kingdom It is alwayes hereby provided that no person or persons shall have the benefit of this act until first by Petition to the Lords of His Majesties Privy Council containing an exact designation of their names places of their birth and former residence and that they are of the Protestant Religion it be found by the Council that they are qualified according to this Act and ought to have the benefit thereof And it is hereby Declared that these presents with an Extract of the Act of Council in favours of the saids persons to the effect aforesaid shall be unto them a sufficient Naturalization to all intents and purposes Which Extract shall be given to them freely without payment of any money or composition save only the Fee of nine pounds Scots money to the Clerks of Council and their Servants VIII ACT concerning the Bullion December 8. 1669. OUR Soveraign Lord considering that by divers former Acts of Parliament made by the Kings Majesty and His Royal Ancestors and specially by the thirty seventh Act of the first Session of His Majesties first Parliament it is Statute

Annexation foresaid shall not prejudge the Bishop of Orknay of his Patrimony and Priviledges belonging to him or of any part thereof and that he and his Successors shall be in the same case as they were before the making hereof And likewayes it is Declared that the Annexation foresaid and the suppressing of the said Office of Sheriff and the erecting of the said Stewartry shall be without prejudice to his Majesties Vassals within the said Isles of their Liberty and Priviledge to have and send Commissioners to Parliament to represent them in the same manner as they did or might have done formerly XIV ACT concerning the exportation of Corns December 17. 1669. OUR Soveraign Lord considering that by the eleventh Act of the third Session of His Majesties late Parliament liberty is granted to export Corns of all sorts when they are under the prices following viz. Ilk Boll of Wheat under twelve pounds the Boll Beer and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll And seeing by reason of several Duties formerly imposed upon Corns the exportation thereof hath been hitherto obstructed And his Majesty being desirous for the good of this His ancient Kingdom to give all due encouragement to the export of Corns and to remove every thing which may impede the same Hath therefore thought fit Likeas His Majesty with advice and consent of His Estates of Parliament doth Statute and Declare That all Corns which shall be exported in time coming by His Majesties subjects forth of this Kingdom shall be free and are hereby discharged of the payment of Custom Bullion and all other Duties whatsoever except one Merk scots allenerly for ilk Chalder And lest any considerable prejudice should thereby ensue to His Majesties Customs it is Statute and Ordained That the Duties after-mentioned are and shal be imposed upon the Commodities following viz. Ten shillings scots upon ilk Barrel of Tar and twenty shillings scots upon ilk Tun of Iron imported into this Kingdom and that over and above all former Impositions put thereon and the Customers Collectors and their deputies are hereby appointed and impowered to uplift the same accordingly And for preventing any debates that may arise anent the respective prices of the Victual when the same are under or above the rates exprest in the said Act His Majesty with advice foresaid doth recommend to and authorizeth the Lords of Privy Council to determine the same And Declares that it shall be lawful to His Majesties Subjects to export Corns of all sorts unless by a Proclamation or publick Intimation from the saids Lords of Council they be prohibited and discharged to do the same And Ordains this Act to begin and take effect upon the second day of February next to come XIV ACT for regulating the prices of Ale and Drinking-beer and Maltmen December 23. 1669. OUR Soveraign Lord considering that it is most agreeable to reason and equity and of universal concernment to all His Majesties Subjects and specially to those of the meaner sort that a due proportion be observed betwixt the price of the Boll of Beer and the Pint and other measures of Ale and Drinking-Beer vented and sold within this Kingdom that thereby the liberty taken by Brewars and Vintners to exact exorbitant prices for Ale and Drinking-beer at their pleasure may be restrained Therefore His Majesty with advice and consent of His Estates of Parliament doth recommend to and authorize the Lords of His Majesties Privy Council from time to time after consideration had of the ordinary rates of Rough-Beer and Barley for the time to regulate and set down the prices of all Ale and Drinking-Beer vented and sold in the several Shires and Burghs of the Kingdom as they shall think just and reasonable And likewayes to set down a Table of proportion betwixt the weight and price of all Bread made of Wheat and the price of the Boll of Wheat in like maner as betwixt the price of the Ale and the Boll of Beer With power to the saids Lords of Council to make and emit such Acts Orders and Directions in relation to the prices of Ale and Drinking-Beer and weight and prices of Wheat-bread and to inflict such censures pains and penalties upon the contraveeners of these Acts and Orders as they shall think fit and to do all other things requisite for execution of the same And in case after settling of the saids prices by the Lords of Council any Brewar shall cease from and give over their brewing or venting of Ale or Beer His Majesty with advice foresaid Declares that they shall not be permitted or allowed to brew or vent any Ale or Beer for the space of one year thereafter and shal be further lyable to such pains and punishments as the Lords of Council shall think fit And further His Majesty taking to consideration that by the twenty ninth Act of the first Parliament of King James the sixth Maltmen are declared to be no Craft and discharged to have a Deacon Which Act of Parliament His Majesty with advice foresaid Ratifies and Approves and Ordains the same to stand in full force and effect in all time coming And that notwithstanding of the said Act and expresly contrair thereto The Provost and Council of Edinburgh have by their Act dated the eleventh of March one thousand six hundred and fourty six ranked Mastmen amongst one of their Trades and Callings discharged any to be admitted thereto within their B●●●ony of Leith but by their Licence with consent of the Calling and have constitute a Box-master amongst them and granted liberty to them to meet and keep correspondence providing the Water-Bailiff be present with them Therefore His Majesty and Estates of Parliament not only Declares the said pretended Act of the Council of Edinburgh to have been null and void from the beginning and Ordains the same to be razed out of their Registers but discharges the said Town or any other Burgh within the Kingdom ever to presume to do the like again And Ordains the said Box to be broken and the Office of Deacon Visitor Box-master or any other pretending to the like power and the pretended Calling or Incorporation and Society of Brewars or Maltmen to cease at Leith and in all other Burghs Towns and Places in the Kingdom With certification that if they shall be found hereafter to meet and keep correspondence amongst themselves upon whatsoever pretence either at Leith Edinburgh or in any other Burgh Town or Place ilk person so meeting shal be lyable in the penalty of five hundred Merks toties quoties whereof the one half to be payed to the informer he proving the same before the Council and this by and attour such personal punishment as the Lords of Privy Council shall think fit to inflict XVI ACT for repairing High-wayes and Bridges December 23. 1669. OUR Soveraign Lord considering how necessar it is for the good of the people that High-wayes be made and maintained

THE LAWS AND ACTS OF THE SECOND PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. His Majesties Commissioner for holding the same by vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our our most High and Dread Soveraign CHARLES the Second by the Grace of GOD King of Scotland England France and Ireland Defender of the Faith I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent

ilk day of the Rendezvous And likewise such as shall be deficient in the outreik of Horse or Foot or in payment of the fractions thereof or of the proportions of Collours Drums Standart and Trumpets or of the pay allowed by this present Act to the Horsemen or Footmen the men-tennents and servants for whom the Foot-men are put out being alwayes lyable to relieve the respective Heretors of the payment of the fines aforesaid inso far as concerns the deficiency in outreik of Foot or payment of the fractions thereof or absents of the Footmen from the dayes of Rendezvous And to the effect more ready obedienuc may be given to this present Act and Ordinance His Majesty with advice foresaid without derogation from any power already given by the Instructions or Acts of Council doth authorize and impower the Commissioners of the Militia in the respective Shires or any three of them two of the quorum not being Officers alter tryal taken that parties have been absent from the Rendezvous or deficient in the outreiks and payments foresaid to give order and warrand to any one of the Serjants of Foot of the respective Companies or Corporals of Horse to be named by the saids Commissioners to poind and distreinzie the ●a●●iest Goods and Geer of these absent or d●ficient wherever the s●me may be found apprise and make sale thereof towards the payment of the sums specified in the said Warrand and of the charges and expenses of the poinding and apprising these charges alwayes not exceeding al 's much more as the sums for which the poinding shall be used Likeas His Majesly with advice foresaid constitutes the said person to whom the foresaid Order shall be directed Sheriff in that part with power to him by vertue of that Order to poind the Goods without necessity of carrying the same to the Paroch church or Mercat-cross of the head Burgh of the Shire to be apprised and to do and act in the excution of the said Order sicklike as a Mestenger at Armes may do by the Law in execution of Letters of poinding and apprising given under His Majesties Signet Providing alwayes that the goods poinded be valued and appr●s●d by two honest sworn men whose oathes the said Sh●riff in that part is authorized to take to that effect And declares That it shall be leisome to the party from whom the Goods shall be poinded to redeem the same within six dayes after the poinding by payment of the sums for which the poinding shall be used expenses of the poinding foresaid and twelve shillings scots each day during the not redemption And in case the party do not redeem the goods poinped within the space foresaid declares that it shall be lawfull to the said Sheriff in that part to retain the goods or sell the same with deduction of the third of the sum to which they were apprised He alwayes being countable for the price thereof to the Commissioners of the Militia who are to see the party from whom the Goods were poinded satisfied of the superplus of the price if any be of the Goods for which the poinding was used expenses foresaid of the poinding third part of the value to which the Goods were apprised with twelve shilling Scots ilk day during the space that the party had power to redeem being alwayes deduced and declares the said Warrand being signed by three of the saids Commissioners one of them only being an officer to have the force and strength of an Decreet and that there is no necessity of any Precept or Charge to follow thereon And that the poinding and apprising so used by vertue of the said Warrand is and shall be al 's lawfull and valid as if all the solemnities requisite and usual in poindings were observed whereanent His Majesty with advice foresaid doth dispense in this case of the Militia And it is declared that these who are not sufficiently armed or mounted at the Rendezvous shall be holden as absent therefrom and shall be fined and poinded accordingly in manner foresaid And for preveening debates that may arise the time of mustering it is Declared that Lieutenants and Cornets of Horse shall be reckoned of the number of Horsemen appointed to be put out in the respective Shires But prejudice alwayes to any of the saids Officers to claim and sute payment of Fractions if they be Leaders of Horse As also His Majesty with advice foresaid doth authorize and impower the Lords of His Privy Council from time to time to appoint dayes of Rendezvous and to give such further orders as shall be requisite for the full establishmen of the Militia in every particular thereof and to call for an account from the several Shires of their procecure and diligence in settling the same And commands and requires all His Majesties Subjects of whatsoever degree or quality to give due and ready obedience to all such orders and directions as they shall receive from His Majsties Privy Council relating to the Militia under the pains and certification contained in any Acts made or to be made by them thereanent III. ACT for registration of Instruments of Resignation ad remanentiam November 16. 1669. OUR Saveraign Lord with the advice of the Estates of Parliament Statutes and Ordains That all Instruments of Resignation that shall be made in the Superiour hands ad remanentiam fourty dayes after the publication hereof be registrate within threescore dayes after the date thereof in the same manner and way and at the same rates as Renunciations Seisings or Reversions To the effect the Lieges may the better know that the Infeftment which was granted to the Resigners is thereby void and extinct and that they may be put in mala fide to contract with the Resigner thereanent or to comprise the same from him otherwayes the said Resignation to be null It is alwayes hereby Declared That the Instruments of Resignation of Tenements Lands and Fishings holden in free Burgage being registrate in the Town Court Books of the Burgh shall not fall within the certification of this present Act. IV. ACT concerning poinding before the dayes of the Charge expire November 16. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains that hereafter it shall not be lawful to poind moveables upon registrate Bonds or Decreets for personal Debts while the parties be first Charged and the dayes of the Charge be expired With certification that poinding otherwayes used shall be null and the poinders shall be punished and proceeded against as spuiliers But prejudice alwayes of any Decreets recovered at the instance of Heretors against their Tennents in their own Courts whereupon it shall be lawful to them to use poinding as formerly And but prejudice to Superiours to use poinding against their Vassals for their Few-duties as they might lawfully have done of before V. ACT for the security of the Persons of Ministers November 30. 1669. FOrasmuch as the Kings Majesty considering how

poind therefore in manner foresaid and apply the same for the use of the saids High-wayes With power also to the said Justices to call for an accompt of all Destinations and Mortifications to Bridges Causa's Ferries or High-wayes and to cause the intrometters therewith that have not applyed the same to these proper ends to make payment thereof to such persons as they shall appoint to be imployed to the uses for which the same were destinat Likeas His Majesty Ordains the Conveener of the saids Justices to give a particular accompt under his hand of what progress is made in the reparation of the saids High-wayes Ferries and Bridges upon the third Tuesday of July next to come and so forth yearly to the Lords of His Majesties Privy Council who are hereby impowered to grant Letters of Horning and Poinding for the effects foresaid if need be And further His Majesty with consent foresaid gives power to the saids Lords of His Majesties Privy Council to Ordain the levying of moderat Customs at Bridges Causa's or Ferries for the building repairing and upholding thereof in case the saids Stent shall not be able to accomplish the same and to appoint the endurance thereof as they shal see cause With power also to them that in case the saids Justices and Heretors failȝie in the performance of the things by this Act committed to them so that the High-wayes shall not be sufficiently repaired nor Bridges and Ferries sufficiently provided for to take such course for making the same effectual as they shall judge expedient and to punish the saids Heretors and Justices as their neglect shall deserve With power likewayes to the saids Lords of Privy Council to appoint and commissionat Overseers for putting the premisses in execution where they shall see cause which Overseers so appointed shall have the same power as is by this present Act committed to the Justices of Peace foresaid And farther His Majesty Ordains that where laboured Land lyes upon the sides of High-wayes the said laboured Land shall be fenced with Dike and Ditch or Hedge yet so as neither Dike nor Ditch nor Hedge nor any part thereof be within the forementioned breadth appointed for the High-way And in case any laboured Land so lying shal not be fenced betwixt and the first day of August one thousand six hundred and seventy one then and in that case the saids Justices are hereby authorized and required to cause poind in manner foresaid the Labourers of the said Land for four shillings Scots for each eln which shall not be so fenced after the said time and to apply the said fines for the fencing thereof in manner foresaid Likeas it is hereby Declared that whatsoever stones rubbish dung or other impediments beis thrown or found lying upon the saids High-wayes or water turned in or dammed thereupon shall be esteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done who shal be fined therefore be the said Justices and Overseers Reserving right to the saids Labourers to call before the saids Justices any other for their relief who have been the real actors of the skaith XVII ACT anent inclosing of Ground December 23. 1669 WHereas by the fourty one Act of the first Session of His Majesties first Parliament entituled Act for planting and inclosing of Ground It is provided that where Inclosers fall to be upon the borders of any mans Inheritance the next adjacent Heretor shal be at equal pains and charges in building ditching and planting that Dike which divides their Inheritance And the Estates of Parliament considering the inconveniency and difficulty the execution of that part of the said Act may meet with in Lands marching together where the Marches are crooked and unequal or where any part of the bordering Ground is unfit or uncapable of bearing a Dike or receiving a Ditch or hinders the compleating of the Inclosure in an equal line For remeid whereof His Majesty with advice and consent of the said Estates doth Statute and Ordain That whensoever any person intends to inclose by a Dike or Ditch upon the March betwixt his Lands and the Lands belonging to other Heretors contiguous thereunto it shal be leisome to him to require the next Sheriffs or Bailiffs of Regalities Stewarts of Stewartries Justices of peace or other Judges Ordinar to visit the Marches alongst which the said Dike or Ditch is to be drawn who are hereby authorized when the said Marches are uneven or otherwayes uncapable of Ditch or Dike to adjudge such parts of the one or other Heretors Ground as occasion the inconveniency betwixt them from the one Heretor in favours of the other so as may be least to the prejudice of either party and the Dike or Ditch to be made to be in all time thereafter the common March betwixt them and the parts so adjudged respective from the one to the other being estimat to the just avail and compensed pro tanto to decern what remains uncompensed of the price to the party to whom the same is wanting And it is hereby Declared that the parts thus adjudged hinc inde shall remain and abide with the Lands or Tennandries to which they are respective adjudged as parts and pendicles thereof in all time coming XVIII ACT anent Adjudications December 23. 1669 OUR Soveraign Lord taking to consideration that by several Acts of Parliament and constant Practick of the Kingdom there is one years Rent of all Lands Annual-rents or others apprised due and payable to the Superior of the saids Lands and others before he be holden to enter and infeft the Compriser and that there is the same reason in cases of Adjudications as Apprisings Therefore His Majesty with advice and consent of the Estates of Parliament Statutes Ordains and Declares That the Superiors of Lands Annual-rents and others adjudged shall not be holden to grant any Charter for infefting the Adjudger till such time as he be payed and satisfied of the years Rent of the Lands and others adjudged in the same manner as in Comprisings And Declares that in all cases Adjudications shall be in the like condition with Comprisings as to Superiours XIX ACT concerning the Confirmation and Quots of Testaments December 23 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That it shal be lawful to Executors at the confirmation of the Defuncts Testament to give up the Debts owing be the Defunct and that the Quot be only payed for the free Geer the Debts being always instructed with power to the saids Executors for instructing of the saids Debts before the Commissar the time of Confirmation to cite the Creditors for production of the Bonds and Instructions of their saids Debts and if the saids Creditors shall not produce the same and yet shall happen thereafter to seek payment from the Executors that then and in that case the Creditors shall be oblieged to relieve the Executors