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cause_n	assign_v	pay_v	sum_n	1,982	5	8.8407	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50697	Observations on the acts of Parliament, made by King James the First, King James the Second, King James the Third, King James the Fourth, King James the Fifth, Queen Mary, King James the Sixth, King Charles the First, King Charles the Second wherein 1. It is observ'd if they be in desuetude, abrogated, limited, or enlarged, 2. The decisions relating to these acts are mention'd, 3. Some new doubts not yet decided are hinted at, 4. Parallel citations from the civil, canon, feudal and municipal laws, and the laws of other nations are adduc'd for clearing these statutes / by Sir George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.	1686 (1686)	Wing M184; ESTC R32044	446,867	482

this Act they should have been Restored but they are not Restored expresly to these but it is alleadged that they have Right to them by the 14 Act Par. 1 Ch. 1. But yet in that Act it is only said that what is Statute anent the Kings being Superior to Vassals of Erections shall be but prejudice to Bishops and their Chapters of their Rights to their Superiorities which is only a Reservation but is no express Restitution of them to these Superiorities THis Act anent the Dilapidation of Bishopricks is formerly Explained in the general nature of Dilapidations in the Act 101 Par. 7 Ja. 6. and Act 11 Par. 10 Ja. 6. and as to what concerns Chapters it shall be Explained in the Act 2 Parliament 22 Ja. 6. WHen a person is Forefaulted he may be in Law Restored two wayes viz. either by way of Justice when the Sentence of Forefaulture is found to be unjust or by way of Grace when the Sentence is just but the person Forefaulted or his posterity is restored which distinction we have from the Civil Law that allows a distinction inter restitutionem per modum justitiae per modum gratiae The difference betwixt these Restitutions by this Act of Parliament is that the person that is restored by way of Grace has not by his Restitution Right to any part of the Forefaulted Lands and others Disponed in favours of third parties but such as are Restored by way of Justice will thereby have Right to their own Lands though Dispon'd to third parties for onerous Causes as was found in the Disposition of the Lands of Mugdock formerly belonging to the Marquess of Montrose and Disponed by the Parliament for onerous Causes to Argile as also these who are restored by way of Justice will have Right even to repeat the sums of Money which formerly belonged to them though assigned to third parties for onerous Causes and albeit those sums were first ordained to be pay'd in to the Thesaurie and precepts only drawn upon the Thesaurie in favours of these third parties as was found in the Earl of Branfords case against the Earl of Callender and others though this Restitution of Money seems much harder than that of Lands since Money is res sungibilis and singular Successors are not oblig'd to know to whom the same belonged A Process having also been intented against the Earl of Argile in the Parliament 1681. for reducing his Heretable Offices as granted since the 44 Act Par. 11 Ja. 2. It was answered that these Heretable Offices were Dispon'd to the Family before that Act and it being Reply'd that the first Right was extinguished by the Forefaulture and the Restitution being only by way of Grace was to take effect only from the date nor was it more sufficient against the King than if the King had granted them originally at that time in which case they would have been quarrallable on that Act and yet de praxi the King restores to Titles of Honour as of the first date By the 2 Act Par. 9. Ja. 6. The King succeeding to Lands by Forefaulture has right to whatever the Forefaulted person was five years in possession of before the Forefaulture because it is presumed that the Forefaulted person will abstract the Evidents and therefore upon the same presumption it is likewise appointed by this Act that the production of Extracts out of the Register shall satisfie the production in Improbations against the King in Forefaulted Lands Whereas other singular Successors Rights will be improven if the Originals be not produced vide notata upon the said Act 2. The excellent Narrative of this Act is Copied out of l. 1. § 1. ff de justitia jure THis Act is Explained in the 11 Act Par. 16 Ja. 6. Which is that Act that is here Rescinded though it be not here cited BY this Act it is appointed that where there is no arrable Ground in the Paroch the Minister shall have sixteen Soums Grass in place of the four Aikers which are allow'd to him for his Gleib and by the 21 Act Par. 1 Sess. 3 Ch. 2. It is ordain'd That the Minister shall have Grass for one Horse and two Kine over and above his Gleib and therefore it was doubted if where the former Gleib did extend to more than would be Grass for two Kine and an Horse above the four Aikers the Ministers might seek that Grass and the Lords found they might albeit it seems that if this were just the Minister might also seek Grass for a Horse and two Kine even where he had sixteen soums Grass by this Act February 16. 1675. Parochioners of Banchry contra their Minister THis Act is but Temporary THis Act appointing Letters of Horning to pass upon Sheriff Stewart and Baillies Decreet without a Decreet conform before the Lords is Explain'd in the 177 Act. Par. 13 Ja. 6. and because these Acts gave only warrand for Raising Letters of Horning upon such Decreets Therefore warrand is likewise given for raising Letters of poynding upon all such Decreets by the 29 Act Par. 1 Ch. 2. which shews that express Acts are us'd even where there is paritas rationis and they are useful ob majorem evidentiam BY this Act all persons are Discharg'd from receiving any Colziars Salters or Coal-bearers without sufficient Testimonials from their Masters but though this Act appoints the Coalȝiars Coal-bearers and Salters to be punished as Thieves yet none ever Died upon this Act but the ordinary Action both against them and their Resetters is before the Privy Council and the Act only says They shall be repute as Thieves and punished in their bodies This Act is extended to Drawers of Water in Coal-heughs and the Fees of Coalȝiars are Discharged to exceed twenty Merks by the 56 Act 1 Sess. Par. 1 Ch. 2. though this Act only Discharges all persons within the Kingdom to hire other mens Coalȝiars c. yet it was justly thought that the prohibition of it extended to all such as had Right to Coal or Salt here by Tack or otherwise though themselves dwell not within the Kingdom and it seems that the Council might hinder Forraigners to carry away our Coalȝiars and Salters though they cannot punish them for so doing By this Act likewise a Power and Commission is given to all Masters and Owners of Coal-heughs and Panns to apprehend all Vagabonds and sturdie Beggars and put them to Labour and it has been resolved that Tacks-men of Coal-heughs and Pans has the same priviledge though they cannot properly be call'd Masters and Owners except the words be allow'd to be extended to Temporary Rights but since this priviledge is chiefly real and not personal in rem scriptum therefore it seem● reasonable that whoever have the power of the Coal-heughs should likewise have this priviledge which is granted upon their account The Council thought argumento hujus legis that Masters of one Manufactory could not have

before the other Act allowed the Importation of them and the Parliament in the Narrative of this Act Declares That the King had done this upon good Considerations THis Act for preventing the fraudulent mixture of the Finer sort of Tinn with baser Mettle has ordained the Peutherers to put their Name with the Thi●●le and the Deacons Mark upon their Work and that the same be as fine as the Peuther of England marked with the Rose It may be argu'd that this Act does not hinder all mixture of Lead and Tinn for one pound of Lead must necessarly be mixt with two pound of Tinn to make it work The Peutherers and Plumbers are with us under one Deacon we had no Plumbers till of late our Peutherers of old having been our only Plumbers but now it is pretended from this Act and upon other grounds that the Peutherers should not work in Lead THis Act Discharging Advocations from inferiour Courts for sums within 200 merks did not except the members of the Colledge of Justice and therefore by the 16 Article of the Act for Regulating the Session Causes belonging to the Members and sums due to Merchants Cooks Vintners and others in Burgh for Furniture taken off from them by such as dwell not within the Shire where the Furniture was taken off are expresly excepted from this Act and because this Act wanted a Sanction or Penalty therefore by that seventeenth article the Clerk of the Bills is ordained not to present pass or write on any such Bill at his peril because this Act of Parliament sayes That the Lords shall not pass any such Advocations for Causes which may competently be decided by inferiour Judges Therefore it is ordained by the 16 Article foresaid That when the Lords pass any such Advocations for sums within two hundred merks they shall write upon the back of the Bill that the Lords have found sufficient ground why the Cause should not be pursu'd in the first Instance before the Inferiour Judge and this was done to prevent any mistake and to cause this Act be carefully Observ'd THis Act is formerly Explain'd in the 6 Act of the 23 Par. Ja. 6. THe Exportation of Money being Discharg'd by many Acts as Ja 3 Par. 1 Act 8. Ja 1 Par. 6 Act 84. For making these Acts effectual By this Act every Skipper and Merchant is oblig'd upon Oath to Declare before the Thesaurer Thesaurer-depute or such as are appointed by them that they shall not carry abroad any more Money than is able to make their Expence to the next Port and to reveal either before or after the Voyage any who does and that a Book shall be keeped in Exchequer for that effect but this Act is not exactly observ'd BEcause by the 40 Act Par. 6 Q Mary The carrying of Victuals Tallow or Flesh out of the Countrey was then Discharg'd under the pain of Escheating the same Victuals having been then scarce Therefore by this Act it is Declared lawful to Export Corns when the Wheat is under twelve pounds the Bear and Barly under eight pounds Oats and Pease under eight merks the Boll and also to Export all sorts of barrell'd Flesh for nineteen years free from Custom and Bullion but the Custom and Bullion here impos'd upon Corns Exported is absolutely discharg'd by the 14 Act Par. 2 Ch. 2. It may be observ'd from the former Act of Q. Mary That Skippers are not regularly lyable for Transporting Merchandise forbidden by Acts of Parliament except the Sanction of the Act do expresly strick against them since that Act is appointed to be extended to Masters and Skippers as well as Owners of the Goods for beside that the Parliament thought fit to express them which they needed not have done if the Act had imported it these words this Act to be extended seem to imply that the Act naturally did not import it for to extend an Act or any thing else is to carry it beyond its natural import THis Act Imposing great Impositions upon English Commodities for the advantage of our own Manufactories is in force but not in observance and one of the great dis-advantages of Setting the Kings Customs in Tacks is that it is the Tacks-mens interest that all Prohibited Commodities be brought in for the advantage they get by their paying Custom and for conniving at the bringing them in BY this Act there is a great Custom Imposed upon Victual brought from Ireland But thereafter by the 3 Act 3 Sess. Par. 2 Ch. 2. Importing of Irish Victual is totally discharged THis Act is formerly Explain'd in the 63 Act Par. 11. Ja. 6. But it is further observable that by this Act it is Declared the Duty of all S●eriffs Steuarts and Baillies of Regality to cause apprehend all Rebels and to count for their Escheats and to punish all the Contemners of His Majesties Authority and this is Declar'd to be both by Law and the nature of their Office a Duty incumbent to them and therefore it is fit that Sheriffs and others advert to this THis Act Ratifies by mistake the 4 Act Par. 6 Ja. 6. But the Act that should have been cited is the 74 Act of that Parliament This Act Ratifies also the 168 Act of this 15 Parliament but it should have cited the 268. The Act it self provides for the maintainance of Beggars and Manufactures by putting the one in the other but the Act was never observ'd though in it self it be a very excellent Act. THese Acts are Explain'd in the 96 Act Par. 6 Ja. 4. But for further clearing of the Act 16 It is sit to know that though Coals were forbidden of old to be Exported by the 84 Act Par. 9 Q. Mary Yet when they grew more frequent they were allowed to be Transported and Custom and Bullion is put upon them viz. Two ounces of Bullion for every four Chalders Coals as is clear by the 37 Act Par. 1 Ch. 2. and by this Act the Culross Chalder is Declared to be the measure by which the Custom and Bullion is to be Exacted because as I conceive that was the least of all Chalders The Lothian Chalder of Coals being generally a third more but thereafter Bullion being only Impos'd upon Goods Imported Coals do now pay no Bullion for Exporters pay no Bullion and there are no Coals Imported to this Nation THe keeping Mercats upon Sunday was Discharged 122 Act Par. 12 Ja. 6. and by this Act they are Discharg'd to be kept upon Munday or Saturday lest people might be oblig'd to Travel to and from Mercats on the Sabbath But by that Act it was appointed that they should keep them upon any other Day not being the Mercat-Day of the next Burgh which provision in favours of the next Burghs was ill forgot here vide the Observations upon that Act. THis Act is formerly Explain'd in the Observations upon the Act 48 Par. 3 Ja. 6. and the 7 Act 3 Sess. 1