granted thereof but upon consignation of the sums contained in the Sentences and by finding Caution for paiment of the charges at the modification of the saids Lords The saids Commissioners at the end of every Quarter Session shall send to His Majesties Council a Catalogue of all such persons as they have either committed or otherwayes put under surety with a short Abbreviate of the cause thereof to the effect that thereupon the Council as they shall think expedient may return to them against their next Session or to the Custos Rotulorum in the mean time their further directions The saids Justices shall put in execution all Acts of Parliament made for punishing all persons whatsoever who shall Curse or prophanely Swear or shall be Mockers or Reproachers of Piety or the exercise thereof and shall require and levy upon every Offender the several penalties following viz. Of a Nobleman twenty pounds each Barron twenty merks each Gentleman Heritor or Burgess ten merks each Yeoman fourty shillings each Servant twenty shillings Scots money each Minister the fifth part of his years Stipend without prejudice to other proceedings against any such Minister for the same And in any of all the cases before specified in this Instruction the saids Justices shall put in execution all such Laws as for Corporal punishments have any provisions mentioned in them for such cases And in case of the inabilities of the parties Delinquents to pay the sum mentioned in this Instruction the saids Justices shall put in execution such Laws as for Corporal punishments have any provision mentioned in them for such cases and that the Wives Delinquents shall be punished according to the quality of their respective Husbands and that their Husbands be lyable for the paiment of their Wives Fines respectively in manner above-mentioned toties quoties for each fault And all others whatsoever not particularly herein nominate are to pay in proportion to their respective qualities and degrees And also the saids Justices are to put in execution the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication and that they levy or cause to be levied the several pecunial sums therein mentioned viz. For each Nobleman for the first fault four hundred pounds each Barron two hundred pounds each other Gentleman and Burgess one hundred pounds every other person of inferiour quality ten pounds Scots money and that these penalties shall be doubled toties quoties according to the relapses and degrees of the Offence and quality of the Offenders And that the said penalties shall be levied not only of the Man but also of the Woman according to her quality and the degree of her offence the one without prejudice of the other All and sundry which penalties so to be levied are to be disposed of as followeth To wit one half to pious uses in the same Paroch where the Offenders live or the offence hath been committed and the other half to be divided in two equal parts one part whereof to be given to the Informer and Prosecutor and out of the other half to satisfie the Constable or other persons who shall be imployed for bringing the person accused to Justice and the remainder to be disposed of to pious uses or to satisfie the Constables for their travel and service in other parts of their office according as the Justices shall think fit That the Justices shall put the Acts of Parliament in execution for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking especially under the names of Healths or haunting Taverns or Ale-houses after ten of the Clock at night or at any time of the day except in time of travel or for ordinary refreshments As also against the keepers of the Taverns or Ale-houses that shall sell the drink unto them Which Penalties in the saids several Acts contained the saids Justices are to levy or cause to be levied upon the saids Delinquents and the saids penalties are to be disposed of by the saids Justices in like-manner as aforesaid The saids Justices shall put in execution all Acts of Parliament made against such persons as shall Profane the Lords-day and require or levy the penalties therein contained which penalties foresaid the saids Justices are to dispose of in like-manner as aforesaid And at what time and whensoever one shall accuse another person or persons to be guilty of Treason Murder or other Fellony Blasphemy Incest or any other hainous Crimes in such cases the said Justice or Justices shall forthwith cause such person or persons to be apprehended and after inquiry made in the cause the said Justice or Justices if they find cause shall commit the Offender to prison or take sufficient Bail if the case by the Law be bailable and shall take the information of the Party accusing upon oath and bind him to prosecute and shall take the testimony or deposition of the witnesses likewise upon oath and bind them to give in evidence and shall also take the examination of the party accused All which Recognizances Informations Depositions and Examinations the said Justice or Justices shall certifie to the next Quarter Session Assizes or Criminal Courts respectively to the end the Justice may proceed against them according to the Law And if any Nobleman Barron or Baily or any in their names having power shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime Then and in that case any of the Justices shall receive security of the said Party who required the Defender to be delivered to him that justice shall be duely ministred and then shall cause delivery of the said person to be made to him and the said Justice of Peace at the next Session shall certifie the whole matter to the Bench to the effect they may enquire whether justice hath been accordingly ministred and if any fault be found to advertise His Majesties Council that order may be taken therewith The saids Justices shall twice in the year at the first of December and the first of June take up a list of the Poor in every Paroch within Burgh or Land into which number there shall no person be received who are any way able to gain their own living and to the effect these Poor may no longer be necessitate to seek their living with such hardship and difficulty by scandalous vaging as hitherto they have been in use of the Justices shall appoint two or more persons of good same and quality in every Paroch to be Overseers for the Poor in each Paroch aforesaid and to authorize the said Overseers to make due tryal and examination of the condition and number of such Poor Aged Sick Lame and Impotent inhabitants of the said Paroch who of themselves have not to maintain them nor are able to work for their living as also of all Orphans and other poor Children within the said Paroch who are
have no power to uplift the Stock except by consent of the Company or Council thereof after-specified Granting and Committing likeas His Majesty by the tenour hereof Gives Grants and Commits to the saids Companies and Societies so to be Constitute and to all such whom they or their Successors shall admit or receive therein full power to take and fish Herring and White-fish in all and sundry Seas Channels Firths Rivers Floods Lakes and Lochs of this His Majesties said ancient Kingdom of Scotland and Isles thereunto belonging wheresoever Herring or White-fish are or may be taken and to bring in and disburthen the saids Herring and other White-Fishes to all and sundry Ports Harbours Shoars and to lay the same on the Land and to pickle them with Salt and to dry and load the same in Barrels and Puncheons and for conservation of the saids Herring and Fishes to build Houses and little Cottages and other things necessary for the use of the said Fishing-trade in whatsoever places shall be convenient upon the paiment of the allowance under-written unto the Lord or Master of the ground or otherwise to sell use and dispose upon the saids Herrings and other Fishes to the Inhabitants or to keep and conserve the same in their Ships and Boats and to make and prepare them therein and to carry and transport the same to Forraign parts beyond Seas in Ships and other Vessells belonging to them or His Majesties other Subjects and to sell use and dispose thereupon to such who shall be in friendship and amity with His Majesty and His Successors With power also to the saids Companies and Societies respective to elect and make choice of such of their own number as they shall think fit for making and frameing of Laws Statutes and Rules for the right regulating mannaging and carrying on of the said Trade of Fishing the saids Laws being alwayes approven and allowed by the Council of Trade and to punish transgressors accordingly And that none be admitted to be Councellors of the saids Societies except such who shall enter of Stock the sum of one thousand merks money foresaid and that they be Scots-men or naturalized Strangers and Residenters within the said Kingdom And to the which Council so to be Nominate and Constitute the said Companies respective shall submit and to all their Acts Statutes and Rules especially but prejudice of the generality foresaid to the particular Rules under-written To wit First That none after the erecting and setling of the said Company or Society may enter or come in but by consent of the Company or the council thereof after the said _____ day of _____ next except they be appointed to be inrolled and taken in by the Council of Trade to whom any person in case of exclusion may make his Address Secondly That the return from Forreign places upon this Stock may be all sold in free Burghs and to free Burgesses within this Kingdom by the saids Companies or any of them or their Factors without any previous offer to the Burgh providing they do not retail by selling less quantities nor five Tun of Wine or the equivalent in value in other Commodities and if the Import and Return shall be of less quantities then and in that case these Commodities shall only be sold in whole sale without any retail whatsoever Thirdly That no Herring or White-fish taken by Scots-men in the said Kingdom or Isles thereto belonging be sold fresh or salt to any but to Natives except by the Companies respective And that no Stranger unnaturalized shall have liberty to make and prepare Herrings or White-fish upon the Land or to make Booths for that effect under the pain of confiscation of what shall be seized upon and the double thereof to be exacted of the Seller except they be free of one of the Companies foresaid With power also to the said Council to use and have a Seal and Gage for ilk Company respective wherewith all their Barrels or Puncheons may be marked and that ilk Barrel of green fish contain twelve gallons which is to be the ordinar Gage betwixt Buyer and Seller And also to make use of and imploy all and sundry Tolbooths and Wardinghouses where necessity requires for holding of Courts warding or punishing of Transgressors the Burghs being alwayes free of the charges of the Prisoners and further to depute such of their number as they think fit concerning all businesses and affairs and to cognosce and determine in all questions and debates relating to the said Trade of Fishing and to cause execute such Decreets and Sentences as shall be pronounced thereupon And for that effect to make choice of Officers and Servants and to administer Oaths to them and amongst themselves for the good of the Trade and if need be with power to the said Council to design certain Judges under them in convenient places to administer Justice in the matter of the Trade of Fishing allanerly And Our said Soveraign Lord being most willing to cherish and incourage the foresaids Societies and Companies in the said Trade Hath out of His Innate Beneficence and Royal Bounty Ordained and by the tenour hereof Decerns and Ordains that Salt Cordage Hemp Cork Pitch Tar Clapboard Knaple Skew-hoops and Holland Nets imported for the Trade of Fishing foresaid by the foresaids Companies respective is and shall be free of any Custome or other Imposition whatsoever and that the Herring and White-fish taken made or prepared therewith are and shall be free of any manner of taxation or burden in the exportation of the same And also that all Strangers Fishers who shall repair to this His Majesties ancient Kingdom and will come and make their residence within the same shall be naturalized by His Majesty upon the desire and application of any of the saids Councils and shall be entred Burgesses in any City where they shall reside and shall be freed of all manner of taxation for the space of seven years next after their arrival And further His Majesty hath Released and Discharged and by the tenour hereof simpliciter Releases and Discharges the Teind Herring and Teind Fish of all such Herring and Fish which shall be taken by the Boats and Fishers of the saids Companies respective or such who shall be hired by them in all time hereafter And also Exoners and Discharges the Excise Herring due to His Majesty except the Herring of Dumbar for all the dayes space years and terms of nine years next after the date hereof And in like-manner His Majesty Declares That all Ale Bear Strongwaters and other provisions for out-reeking of any Vessel for the saids Fishings of the said Companies is and shall be free of all manner of Impositions whatsoever Commanding hereby the Lords and Masters of the ground in all places through the said Kingdom where there is Loch or other Fishings not only to protect maintain and defend the said Company and Society and all Masters of Ships Fishers and others whatsoever going
Alexander Bruce of Culross Andrew Carstairs of St. Andrews and William Seaton of Haddingtoun Burgesses Or any thirteen of them there being alwayes present three Noblemen three Gentlemen and three Burgesses with His Majesties Commissioner the Lord Chancellor Lord Thesaurer Lord President of the Council Lord Privy Seal the Lord Secretary _____ or any one of them with power to them or Quorum foresaid to meet and conveen at Edinburgh or such other place or places at such times and diets as they shall appoint to value and cause value whatsoever Teinds great or small Personage or Vicarage of whatsoever Lands and others within this Kingdom liable to the payment of Teinds of whatsoever nature or quality the same be of which are yet unvalued Providing the Ministers serving the Cure who do lead Teinds be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids Teinds as the Teinds shall be valued to And also with power to them to receive reports from Sub-commissioners and to appoint Sub-commissioners conform to the former Acts and Commissions to appoint constant and locall Stipends and grant Augmentations to dis-joyn too large and spacious Kirks build and erect new Kirks dis-member annex and unite Kirks and to take order that every Heritor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the Rates prescribed by former Commissions namely by the foresaid Commission granted by His Majesty with consent of the Estates of Parliament in Anno one thousand six hundred thirty and three And with power to the saids Commissioners or Quorum foresaid to give recompence to Parties for the augmentation of Stipends to be imposed by this Commission in the same way as was done by former Commissions namely by the Commission in Anno one thousand six hundred and seventeen With power to them to determine all Questions concerning the Prices of Teinds betwixt Titulars and others having right to the Teinds and the Heritors And to appoint such securities in favours of the Titulars and others having right by the Heritors payers of the valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the Rules set down in the saids former Acts namely in the said Act in Anno one thousand six hundred thirty and three And suchlike with power to them to appoint and provide for such other pious uses in each Paroch as the estate thereof may bear Declaring that where the Vicarage of any Paroch is a severall Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrate of the true worth thereof It is alwayes Declared That Ministers serving the Cure who now lead their Teinds And that Colleges Schools and Hospitals be not constrain'd to sell set nor dispon their Teinds in prejudice of their Successors notwithstanding of the valuation thereof And that Titulars and others having right to Teinds shall not be forced to dispon any Teinds valued or to be valued which they shall be content and willing to assign and dispon to the Ministers serving the Cure of the Paroch as a part of his Provision And His Majesty with consent foresaid Declares That where Valuations are lawfully led against all parties having interest and allowed by former Commissions according to the order observed by them that the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat for and in respect of His Majesties Annuity Except it be proved that collusion was used betwixt the Titulars and Heritor or betwixt the Procutor-fiscall and Heritors and Titular which collusion is Declared to be where the Valuations are led with the diminution of a third of the just Rent and which diminution shall be proved by the Parties Oaths And albeit that all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty and one thousand six hundred fourty and one and since are Declared by an Act of this present Parliament null and of none avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done concluded and decerned by vertue of any Commissions granted by the saids pretended Parliaments with all execution used or to be used thereupon are and shall stand valid in all time coming notwithstanding of the foresaid Act Rescissory And this for the good and ease of the People and for incouragement of the Ministers of the Gospel whereunto His Majesty hath alwayes a tender respect And although by a speciall Act of this present Parliament the pretended Parliament holden in Anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereon Yet neverthelesse His Majesty Doth with advice foresaid Authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for Plantation of Kirks and Valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The Determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practique and Custom observed preceeding the year one thousand six hundred and fourty nine and Ordains Processe upon Supplications to be summarly granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or Quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-siting of the Commission As also with Power to the saids Commissioners upon the dependance of the saids Complaints and Processes to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter be determined by them As also in respect that by diverse Decreets pronounced by the saids Commissioners appointed by the said Commission in Anno one thousand six hundred and fourty nine the burden of an Augmentation was put upon diverse Tacks-men of Teinds and yet no recompence was made to them by prorogating of the saids Tacks In regard also that diverse Registers of Commissions preceeding the Year one thousand six hundred and fourty nine are lost whereby
Prorogations were granted in favours of Tacks-men and the Extracts also perished the time of the Troubles Therefore His Majesty with consent foresaid Gives power to the saids Commissioners or Quorum foresaid appointed by this Commission to grant recompence and prorogation to the saids Tacks-men in the same manner as was prescribed by the former Commissions namely by the Commission in Anno one thousand six hundred and seventeen the Titulars alwayes being cited thereto And whereas it may fall out that some of the saids Commissioners now appointed may be unable to attend the service through death sickness or some other notour and known impediment Therefore His Majesty Declareth that He shall be carefull to fill their places with other persons qualified whose Oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and Ordains the Acts Decreets and Ordinances thereof to have the force strength and effect of a Decreet Sentence and Act of Parliament and the Lords of the Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids former Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heritors who should be willing to buy should have their own Teinds at reasonable Rates Therefore His Majesty with advice foresaid Statutes and Ordains that all Heritors whose Teinds are not valued shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years With power to augment the saids Rates according to the burden of Augmentations and others sustained by the Titulars since the said Act of Parliament one thousand six hundred and thirty three years and the saids Heritors to have the liberty of buying as said is within the space of three years after the valuation With power to the saids Commissioners to determine therein according to Justice with this Declaration alwayes That in case the impediment during the space foresaid flow from the Titular by reason of his minority or other inability in that case the Heritor who offered himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heritor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular for selling of the saids Teinds LXII ACT for ordering the payment of Debts betwixt Creditor and Debitor OUr Soveraign Lord considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations that there should be a National confidence among the people themselves and with these of other Nations with whom they have correspondence and traffick abroad and that the most effectual and proper way to beget cement and maintain the same is that Promises Pactions Obliegements and Debts be faithfully performed and satisfied without which there can be no trust and consequently no society intercourse and commerce at home and all Trade and Traffick with other Nations will certainly decay and cease to the irreparable loss ruine and discredit of the Nation Yet the troubles and difficulties of the time being so great that it is fit some breathing time and encouragement should be given to the Debitors for the better inabling them to keep their credit and to take some effectual course for paiment of their Debts Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That for all Sums and Debts contracted before the tearm of Whitsunday one thousand six hundred and fifty eight years and exceeding one thousand pounds Scots of principal personal execution shall be forborne by the space of six years to begin at Whitsunday last by-past in this instant year one thousand six hundred and sixty one Providing that the Debitors make paiment of one years Annualrent at Candlemesse next in the year one thousand six hundred and sixty two and that the residue of the by-gone Annualrents of the said Sums resting unpaid at Whitsunday next shall become and be made a principal Sum and the Debitor shall give security for the same to these who have right to the by-gone Annualrents when they take the benefit of the foresaid forbearance in manner after-mentioned or at any other time that the same shall be demanded Which Security to be granted for the said by-gone Annualrents made up in a principal Sum shall bear obliegement to pay Annualrent for the same in manner and from the tearms after-specified viz. For a third part thereof from Whitsunday next one thousand six hundred and sixty two years and for an other third part from Martimesse thereafter in the said year and for the last third part from Whitsunday in the year one thousand six hundred and sixty three during the not paiment of the said principal Sum so made up for which personal execution is to be forborne as for the other principal Sums by the space aforesaid of six years after Whitsunday last And without prejudice of the Security to be granted in manner foresaid It is also Declared and Ordained that the said by-gone Annualrents are made up and shall be holden and esteemed principall Sums And that Annualrents shall be due and payable for the same from the tearms and in manner foresaid and that execution shall follow at the instance of those who have right to the same upon and by vertue of their Bonds Contracts and Rights and of this present Act and Ordinance in the same manner as if a new Security were already granted in manner and of the tenour abovewritten And notwithstanding of the Premisses It is hereby Declared that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds upon such reasons as they shall think just And where those who have right to by-gone Annualrents are only Liferenters and have no right to the stock and principall Sum It is Ordained that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them as they might have done before the making of these Presents and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters in case they shall find just grounds and cause for granting of the same It is likewayes Provided that the benefit of the said forbearance shall only be granted and competent to such Debitors as shall pay the said years Annualrent within the time foresaid and shall betwixt and the first day of November compear before any of the Lords of Session with the Clerk and