frome the dyvoure or bankrupt that the samen wes made without anye trew Just and necessarie caus or without anye trew or Competent pryce Or that the landis and guidis of the dyvoure and bankrupt being sold by him who bocht thame frome the said dyvoure the whole or the maist pairt of the pryce thairoff wes Converted Or to be converted to the bankruptes proffite and vse Prowyding alwayes That so muche of the saidis Landis and guidis or pryces thairof so trusted by bankruptis to interposed persounes as hathe bene reallie payit or assignet by thame to anye of the bankruptis Lauchfull creditoures salbe allowed vnto thame They making the rest furthcuming to the remanent creditoures who want thair dew paymentis And if in tyme Cuming anye of the saidis dy voures or thair Interposed partakeris of thair fraude sall mak anye voluntarie payment or right to ony persoun In defraude of the lauchfull and more tymelie diligence of ane vther creditoure haveing servit inhibitioun or vseit horning arreistment Comprysing Or vther lauchfull meane dewlie to affect the dyvoures Landis or guidis or pryce thairoff to his behuiff In that Cace the said dyvoure or interposed persone salbe holdin to mak the same furthcumand to the creditour haveing used his first lauchfull diligens who sall lyikway is be preferrit to the Concreditour who being posteriour vnto him in diligence hathe obtenit payment by partiall fauoure of the dettour Or of his Interposit Confident And salhave gude actione to recover frome the said Creditour that whiche wes voluntarlie payit in defraude of the persewaris diligens FINALLIE THE LORDIS declairis all suche bankruptis and dyvoures and all interposed personis for covering or executing thair fraudis and all vtheris who sall gif Counsell and wilfull assistance vnto the saidis bankruptis in the dewysing and praktiezing of thair saidis fraudis and godles deceittis to the preiudice of thair trew Creditoures Salbe reputed and holden dishonest fals and Infamous persones vncapable of all honoures dignities benefices and offices or to pas vpoun Inquestis or assyses Or to beir witnes in Judgement or outwith in anye tymes Cuming CAP. 20. ACT ordaning annuelrent to be dew efter Horning OURE Souerane Lord and estaittis of Parliament Considdering the gryit preiudice whiche dyuerse of his maiesties liegis sustene by the want of thair money lent and gevin furthe vpoun band or contract or vtherwayis Justlie awand to thame by thair dettouris Quha haveing vseit all executioun Competent to thame by law aganis thair dettouris by Chargeing and putting of thame to the horne ar forced efter many yeiris to receave thair principall soume and penaltie without anye satisfactioun of there annuelrent and Interes of thair money in the meane tyme Whiche as it is a preiudice vnto the trew creditouris so it is ane occasioun to the dettouris to coneteme his Maiesties charges and Lettres of horning who resolue in end to pay na mair for releif of the horning eftir manye yeiris delaye then they wer obleist vnto at the begynning FOR REMEID quhairoff His Maiestie with aduyse and consent Off the Estaittis of Parliament Statutes and ordanis that whensoeuir anye persone is denunceit rebell and put to the horne for not payment of soumes of money awand by him be band Contract or vtherwayis That eftir the said denunciatioun The said persoun so denuncit salbe subiect in payment off annuelrent for the saidis soumes for the whiche he is put to the horne and that off all yeiris and termes frome the date of the said denunciatioun vnto the tyme of the payment off the same and that nochtwithstanding thair be no Pactioun nor Conditioun of annuelrent maid betuix the saidis pairties whiche may bind the said pairtie who is denuncit rebell vnto the payment thairoff. [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 22. [1621, cap. 22.] ANENT Counterfuteing And making of fals Wreatis FOR Eschewing the danger quhairin manye of his Maiesties liegis stand by Counterfuteing and falsefeing of euidentis IT IS statuted and Ordanit That whosoeuir maketh and vsethe a false wreate or is accessorye to the making thairoff Salbe punischeit with the paynes dew vnto the Committeris of falshoode AND IT SALL not be Lauchfull for anye persoun Counterfuter falsiefer or accessorie quhatsoeuir To declare in Judgement That he passeth frome the wreate querrellit of falshoode Bot gif efter the tryell The wreate querrelled be fund false The passing frome or declaratioun of the pairtie that he will not vse the same sall nawayis freith him frome the punischement whiche is dew vnto those who Commit falshoode CAP. 31. [1621, cap. 31.] ANENT hounting and haulking OURE Souerane Lord and Estaittis of this present Parliament Statutes and ordanis That no man hunt nor haulk at anye tyme heirefter quha hes not a pleughe of land in heretage vnder the payne Off ane hunderethe pundis Ordanis his Maiestie to have the ane halff of the penaltie of the Contravenaris of this present act and the dilatour to have the vther halff of the said penaltie ACTA PARLIAMENTORUM REGIS CAROLI PRIMI. PARLIAMENT AT EDINBURGH, 18TH JUNE 1633. CAP. 3. ANENT his Majesties royall prerogative and Apparell of kirkmen OURE Soverane Lord With advyse consent and assent of the whole estaites acknowledging his Majesties Soveraigne authoritie princelie power royall prerogative and priuiledge of his crowne over all estaites persones and causes quhatsumevir within this kingdome Ratifies and approues the act of parliament maid in the yeir 1606 Anent the kings royall prerogative And perpetuallie Confirmes the same for his hienes his airs and successors Als amplie absolutelie and frielie in all respectis as ever any of his Majesties royall progenitors did possess and exercise the same... [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 6. [1633, cap. 6.] AGAINST the inverting of pious donationes OURE Soverane Lord With the advyse of the estates wnderstanding that certane persones piouslie disposed haue of late bestowed certane giftes in lands heretages and sovmes of money in favours of colledges schooles hospitalls and vther pious vses Which by the administrators and such others as they haue entrusted With the managing thairoff ar inverted to vther vses than the will of the disponer vpon some specious pretences contrarie or different frome the disponers intentione to the evill example of others And the hinderance of such and the lyke chiritable workes against all reasone and conscience THAIRFOR it is statuit and ordanit That it sall nowayes be lawful to alter chainge or invert any of the saidis gifts legacies and other pious donationes to any vther vse than the specifick vse quhairwnto they ar destinate by the disponer himselff And that the airs executors or vtheris entrusted with the saids gifts and legacies sall be comptable for the same to the vse of the kirkes colledges and vthers to quhome the saids dispositiones wer maid And that actiones sall be competent ather to the saidis kirkes colledges and vthers to quhome the same wer disponit or to the bischops and ordinaries within the diocesses quhair the saidis kirks schooles and others abonespecifiet ly for compelling thame to apply the same to the trew vse And to mak compt and payment of the ordinarie proffeitts of everie yeirs intromissioun at the rate allowed by the lawes of the realme by and attoure the fulfilling of the disponers will And this act to be extendit to all dispositiones maid at any tyme since the majoritie of king James the saxt or to be maid heireftir in all tyme coming And that letters of horning be direct at thair instance by deliverance of the lords of sessioun without citatione of pairties CAP. 7. [1633, cap. 7.] ANENT invading of ministers OURE Soverane Lord With the advice of the estaites Ratifies and approues the act of parliament maid in the yeir of god ane thousand fyve hundreth fourscoir and sevin yeires Anent the invaders of ministers With this explanatione and additione That quhasoevir invaides any minister or putts any violent hands one him by thameselffis thair men tennents servants or any vthers by thair hounding out directione or allowance for quhatsoever caus or occasione Whether the same be for the caus contenit in the said act or for any vther caus otherwayes then by order of law or doeth offer violence to thame sall incure the lyke paine as is contenit in the said act and sall be judged eftir the forme and maner thairin prescryved and declares that the same sall be extendit to all. . . . ministers quhatsumever haveing power by lawfull warrant to preach and administer the sacraments [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 8. [1633, cap. 8.] RATIFICATIOUN of the act of commissioun anent the ministers provisiounes OURE Soverane Lord With the adyvse and consent of the estates of parliament Ratifies and approves the act of commissioun of surranders and teinds of the dait at Halyrudhous the tuentie saxt day of June the yeir of god 1627 yeirs Whairof the tennor followes The commissioners eftir reassoning vpon the lowest proportion and provisioun quhair with the ministrie serveing the cure at each kirk sall be provydit Haue fund it meit and expedient that the lowest proportione sall be aucht chalder of victuall quhair victuall is payed or proportionallie in silver or victuall as the commissioners sall appoint at the setling of the kirk and according to the estait of that pairt of the cuntrie quhair the payment of the stipend sall occurre And think it meit That the said proportione of aucht chalder of victuall or proportionallie in silver as said is sall be the lowest maintenance to each kirk except such particular kirkes occurre quhairin thair sall be a iust reasonable and expedient caus to goe beneath the quantitie now determined And His Majestie and estates forsaids referres to the commissioners to be chosen by his Majestie at this present parliament The consideratioun of the reasones and causes quhich may move thame (eftir the valuatione of the trew worth of the teinds of ilk paroche be closed) To determine and modifie a lesse quantitie for the ministers maintenance nor the quantitie forsaid of aucht chalder of victual or aucht hundreth merks in victuall or moneys proportionallie And quhat the saids commissioners sall determine thairin the same to stand Notwithstanding of this present ratificatioun And also his Majestie and estates ratifies and approves the whole particular acts of the said commissioun of surranders and teinds quhairby stipends ar appointed and modifiet by the saids commissioners alreadie AND ordaines the ministers to quhome the same is assigned to haue intromissioun thairwith And that the lordes of sessioun direct letters of horning and poinding in favours of the saids ministers conforme thairto vpon ane simple chairge of ten dayes allanerlie And also vpon all vther acts to be maid for plantatione of kirkes by the Commissioners appointed by his Majestie and estates for that effect And it is declared that thes presents sall be without preiudice to the titulars and vthers having interest to persew for rectifeing of such valuationes as ar or salbe enormlie [under] valued And also without preiudice of the ministers maintenance and augmentatioun proportionallie effeiring to the trew and iust worth of the teind CAP. 15. [1633, cap. 15.] ANENT his Majesties annwitie of Teinds OURE Soverane Lord And estates of parliament Ratifies and approues the act of the generall commissioun of Teinds and surranders of the dait at Holyrudhous the tuentie nynt day of may 1627 yeirs Whairby it is fund and ordanit That his Majestie and his successors sall haue the constant rent and dewtie following payed out of the teind bolles of victuall And out of the bodie of the rest of the teinds of the kingdome redacted in money Except the teind bolles and silver payit to the Bischops being the rent perteining to thame in the estait quhairin the same is presentlie payit or presentlie payable to thame and except the teind bolles and silver payit to ministers in name of stipend for serving the cure And to the colledges hospitalls and other pious vses That is to say of everie teind boll of the best quheat ten schillings of everie boll of the best teind bear aucht schillings And of everie boll of the best teind oates meale peise and ry sax schillings And quhair oates ar of that nature that they will not rander abone half meale The rent to be thrie schillings And quhair the bolles of victuall ar of inferiour goodnes worth and pryce nor the best That his Majesties annwitie furth thairof sall be modifiet proportionallie And qubair the rent doeth not consist in victuall bot in money That his Majestie and his successors sall haue of everie hundreth merkes of parsonage and viccarage teind not consisting in victuall rent The sovme of sax markes money Togither with the act of the said commissioun of the dait AT Holyrudhous the aucht of august 1628 Whairby it is ordanit That the payment of the said annuitie sall haue the begining of the crope and yeir of god 1628 Togither with ane other act of the said commissioun of the dait AT Holyrudhous the the fourteine day of July 1630 Whairby letters of horning ar ordanit to be direct at the instance of his Majesties thesaurer for payment of the said annwitie of the cropes 1628 and 1629 and yeirlie in tyme coming Togither with ane act of the conventioun of the Estates of the dait AT Holyrudhous the tuentie nynt of July 1630 yeirs Whairby the saids estates haue ratified and approued The said act of the dait and tenor foirsaid Anent letters of horning to be direct at the instance of his Majesties thesaurar for payment of his Majesties annwitie of the crops and yeirs of god 1628 and 1629 and yeirlie in tyme coming And Siclyk ratifies and approues the act of the said commissioun of the dait the tuentie thrie of Marche 1631 yeirs Whairby it is ordanit that in all teinds Which sall be wnvalued betuix and the first of august thaireftir That the heretour sall pay his Just teind according to the fyft pairt of the present rent ay and quhill the constant rent be determined And whairby it is statuit and ordanit That his Majestie sall haue richt To vplift his annwitie according to the said fyft pairt of the present rent ay and while the said constant rent be determined Togither with ane other act of the said commissioun of teinds and surranders of the dait at Holyrudhous the fourteine of december 1631 yeares And ratified by the lords of Secreit counsall vpon the tuentie day of the said moneth of december Whairby it is Statuit and ordanit for ane interim That the annwitie of teinds consisting in victuall sall be payit to his majestie of all yeares bygane and in tyme coming conforme to the tenor of the said last act And that according to the iust and trew prices of the victuall in ilk pairt of the cuntrie Compting for ilk hundreth markes of the pryces of the said victuall being redacted in money sax markes for his Majesties annwitie Which act is thaireftir vpon the tuentie of december 1631 ratified by the lords of Secreit counsall And letters of horning and poynding ordanit to be direct thairvpon And thaireftir ratified by the lords of exchequer vpon the tuentie thride of the said moneth of december And his Majestie and estates Statuit and ordaine the said annwitie furth of the teinds To be payit to his Majestie and his successors of the said crope and year of god 1628 And of all years sensyne and in tyme coming And that als weill out of the wnvalued as valued teinds conforme to the tenours of the said actes of Conventioun Secreit counsall and exchequer And ordaines letters of horning and poinding to be direct by the lords of his Majesties exchequer at the instance of his Majesties thesaurar principall and deputte for payment of the said annwitie of all yeares bygane and in |