APUD HALYROODHOUS, XXX DIE APRILIS A.D. M,D.LXXIII. 1. Anent them that divertes fra uthers, being joyned of befoir, in lauchful Mariage. IT IS founden, and declared be our Soveraine Lorde, his Regentis Grace, the three Estaites, and haill bodie of this present Parliament: That in all times bypast, sen the trew and Christian Religion was publicklie preached, avowed, & established within this Realme, namelie, sen the Moneth of August, the zeir of God, ane thousand, five hundreth, threescoir zeires. It hes beene, and in all times cumming sall be lauchful; That quhat-sumever person, or persones, joyned in lauchful Matrimonie, husband or wife, divertis fra uthers companie, without ane reasonable cause alleged, or adduced befoir an Judge, and remainis in their malicious obstinacie, be the space of four zeires, and in the meane time, refusis all privie admonitions: The husband of the wife, or the wife of the husband, for dew adherence That then the husband, or the wife, sall call & persew the obstinate person offender, befoir the Judge Ordinar for adherence. And in case no sufficient causes be alledged, quhairfoir na adherence suld be, bot that the sentence proceedis against the offender, refusand to obey the samin: The husband or the wife, sall meene themselves, to the superiour Magistrate, videlicet, the Lords of Session, & sall obteine letters, in the four formes, conforme to the sentence of adherence: Quhilk charge being contemned, and therefoir being denunced rebel, and put to the horne: Then the husband, or the wife, to sute the spiritual jurisdiction and power, and require the lauchful Arch-bischop, Bischop, or Super-intendent of the countrie, quhair the offender remaines, to direct privie admonitiones to the said offender, admonisching him or her, as befoir, for adherence. Quhilkes admonitiones, gif he or she con repaired and up-bigged; and where they are ruinous and faulty, to be mended; and after that "they be sufficiently mended in windows, thack, and other necessaries, to be maintained and upholden upon the expenses of the Parishioners and parson in manner following: that is "to say, the two part of the expense thereof to be made by the Parishioners, and third part "by the parson; and that the samen may take effect with expedition, Ordains letters to be di"rected to Officers of the Queen, Sheriffs in that part, to pass, and charge the Parishioners " of the Parish Kirks within this realm to elect and choose certain of the most honest qua❝lified men within their parishes to tax every one of them, effeiring to their substance, for, "furnishing of the two part of the expenses to be made in bigging and repairing of their "said parish Kirks; and that the said taxers to be chosen make the said taxations to the ef"fect foresaid, within twelve days next after they be charged thereto; and after the said taxa"tions be made, that the said parishioners make payment of the sums that they shall be "taxed, to the Kirk-masters, or deacons of the paroch to be appointed by them for receiv"ing thereof, to the reparation of the said Parish Kirks; sicklike within twelve days next "after they be charged thereto, under the pain of rebellion; and failing thereof, to put them "to the horn. And also that the said messenger pass and sequestrate the fruits, teinds, "and profits of the said parochins, so far as may extend to the parson's part of the same, to "remain in the parishioners' hands, while the said parson put in the hands of the said Kirk"master and Deacons, his part of the expenses to be made upon bigging and repairing of "the said Kirk, extending to the third part thereof; and the said sums being put in the " said Kirk-master or deacons' hands, that they incontinent thereafter cause the said kirks, ❝ ilk one within their own parochins, be repaired, bigged, and mended sufficiently, effeiring "to the sums that shall be consigned and put in their hands to that effect, under the said "pain of rebellion; and failing thereof, to put them to the horn." temptuously disobeys. That Arch-bishop, Bischop, or Super-intendent, to direct charges to the Minister of that Parochin, quhair the offender remaines, or in case there be nane, or that the Minister will not execute, to the Minister of the nixt adjacent Kirk theirto: Quha sall proceede against the said offender, with publick admonitions, and gif they be contemned, to the sentence of Excommunication. Quhilk anis being pronunced, the malicious and obstinat defection of the partie offender, to be ane sufficient cause of divorce, and the said partie offender to tyne and lose their tocher, & donationes propter nuptias.100 APUD STRIVILING, XV DIE JULII, A.D. M,D,LXXVIII. 6. The Glebes of the Ministers and Readers sall be free of Teindes. ITEM, Anent the Artickle proponed, gif Ministers & Readers aucht & suld pay teind for their Glebes & Kirk-lands, designed to them, conforme to the act of Parliament, maid thereunto; for answere thereto; Our Soveraine Lord, with advise & consent of the three Estaites of this present Parliament, findis and declairis, that the saidis Ministers and Readers, aucht and suld pay na Teind, for their saidis Glebes and Kirk-landes, extending to four aikers of land, designed to them, conforme to the said act. Bot decernis and declaris them to be free of their saidis Teindes, and dischargeth them simpliciter thereof in all time cumming.101 11. The ratification of the Priviledge of Burrowes, with addition. OUR Soveraine Lord, with advise of his three Estaites of this present Parliament, hes ratified and appreved, and be the tenour heirof, ratifies and apprevis of new, all actes & constitutiones of Parliament, maid be quhat-sumever our Soveraine Lordis predecessoures of befoir, in favours of the Burrowes and Burgesses of this Realme, inhabitantes of all the Burrowes of the samin, with all priviledges, freedomes, immunities and liberties, granted and given to them, and everie ane of them, and decernis and delaris the samin, to have full strength, force and effect in all times heirafter, swa that the samin may be put to full and dew execution in all poynts, and to stand as ane perpetual Law to them and their successours, with this addition: Givand them freedome and priviledge, to convene four times in the zeir, for sik matters as concernes their Estait: And that in quhat Burgh it sall be thocht maist expedient, be the maist pairt of the saidis Burrowes. Providing alwaies for eschewing of tumultes, that there be present, as the saidis conventiones for everie Burgh in number, ane: except the Towne of Edinburgh, to have ane maa, nor the uther Burrowes.102 100 This act continues to be the authority for actions of divorce on account of desertion. Letters of four forms are superseded by letters of horning, and the Bishop by the Presbytery. See Erskine b. i. tit. vi. § 44, and Lothian on Consistorial Law. 101 In reference to this act, which was ratified by 1581, ch. 1, and 1592, ch. 8, see Connell on Tithes, vol. ii. p. 51. 102 This act was ratified by 1581, ch. 26. See 1487, ch. 17, and Note thereon. 13. Anent dowbil confirmation of fewes of Kirlandes, and landes halden immediatlie of our Soveraine Lord. FORSAMEIKLE as it is statute and ordained, be act of Parliament, maid in our Soveraine Lordis dearest Mothers time, that na infeftment of Kirk-landes, set sen the viij. day of March, the zeir of God, ane thousand, five hundredth lviij. zeires, suld be of ony force or effect, without the samin war dewlie and lauchfullie confirmed be our Soveraine. And als, forsameikle as it happenis, that doubil infeftmentes of few-ferme, of ony portion of land, is given be ane Ecclesiastical person, to divers persones: & sum times be divers Ecclesiastical persones, to wit, the predecessour and successour, to divers persones in few-ferme, and zit nouther of the saidis infeftments can take effect, or be of avail, without they be dewlie and lauchfullie confirmed be our Soveraine Lord. And alswa, it is oft-times seene, that confirmations ar granted of baith, the saidis divers infeftmentes, at divers times be the sute of the parties: like as it is founden be sundry ordinances of the privie Councel, that our Soveraine Lord, and his hienesse Compositours, aucht not to deny his confirmation, upon the reasonabil expenses of the partie, suitand upon their awin peril. And likewise, divers alienationes of landes, halden immediatlie of our Soveraine Lord, being maid be ane person, to divers persones, double confirmationes ar granted be our Soveraine Lord thereto, quhair as, ane of the saidis confirmations aucht, and can only take effect in all clauses above specified, And notwithstanding, it is the occasion of great debait amangis the lieges, to their great expenses, alsweill in payment of their compositiones, as that the samin. breadis the occasion of great pley. FOR remeid thereof, it is concluded, statute and ordained, be our Soveraine Lord, and the three Estaites of Parliament, that quhasaever obteines, or hes obteined, the first confirmation of ony infeftment, outher of Kirk-lands, or uther landes, halden of our Soveraine Lord: that the first confirmation sall be of avail, force and effect, and sall prevail the secund. The said first infeftment, quhilk is confirmed, being vailzeeable in the selfe, and lauchfully done. And in this case, the last confirmation sall not be respected, albeit the samin confirme the first infeftment, bot the first confirmation of the laste infeftment sall prevaile, the last confirmation of the first infeftment, be way of ex ception or reply, without ony Summonds or Processe of reduction. It is alwaies provided, that gif the principal infeftment first confirmed, or ony uther substantial cause, be the foirsaid confirmation, be of nane avail or unlauchfullie maid, to the prejudice of ony uther pairtie, havand interesse to the landes therein conteined and quha may be excluded be reason of the first confirmation, the said partie havand interes, sall be heard to accuse or reduce the said infeftment first confirmed, or utherwaies, to move action, against the samin, as accordes of the Law, quhidder they have obteined confirmation of their infeftment, or not. It is alswa statute and ordained, that na dowble confirmations of infeftments of Kirk-landes, or uthers, halden of our Soveraine Lord, be granted heirafter, and discharges the keipers of the Signet, Privie and great Seilles, that they passe not double confirmations: And gif the saidis double confirmations passe in time cumming, our saide Soveraine Lord, with advise of his saidis three Estaites, decernis and declaris, the last confirmation to be of nane avail: Providing, as is above specified.103 103 In reference to this act, see Stair, b. ii. tit. iii. § 28; and Erskine, b. ii. tit. vii. ch. 14. APUD EDINBURGH, XX DIE OCTOBRIS, A.D. M,D,LXXIX. 7. Quhairin consistis the jurisdiction of the Kirk. OUR Soveraine Lord, with advise of his three Estaites of this present Parliament, hes declared and granted jurisdiction to the Kirk, quhilk consistis and stands in the preaching of the trew worde of JESUS CHRIST, correction of maners, and administration of the halie Sacraments, and declairis that there is na uther face of Kirk, nor uther face of Religion, then is presentlie be the favour of GOD establisched within this Realme, and that there be na uther jurisdiction Ecclesiastical acknowledged within this Realme, uther, then that quhilk is, and sall be within the samin Kirk, or that quhilk flowis their-fra, concerning the premisses.104 8. Discharge of Mercattes, and labouring on Sabboth-dayes, or playing and drinking in time of Sermon. ITEM, For-sa-meikle as it is statute and ordained, be a gude and godlie Act, maid in the dayes of King JAMES the fourth, our SOVERAINE LORDIS Grandschir, of worthie memorie, that there be na Mercattes nor Faires halden upon Haly dayes, nor zit within Kirkes, or Kirk-zairdes upon Haly dayes or uther dayes, under the payne of escheitting of the guddes; Quhilk Act, our Soveraine Lord and his three Estaites, ratifies and apprevis and ordainis the same to have effect and execution in time cumming. And seeing that the Sabboth-day, is now commounly violate and broken, alsweil within burgh, as to landwart, to the great dishonour of GOD, be halding and keiping of the saidis Mercattes and Faires, on Sabboth-dayes, using of handie-labour, and woorking thereon, as on the remanent dayes of the oulk, and be gamming and playing, passing to Tavernes and Ailehouses, and wilful remaining from their Paroche Kirk, in time of Sermon or prayers on the Sabboth. THEIRFOIR his Majestie, and his three Estaites, in this present Parliament statutis and ordainis, that there be na Mercattes nor Faires, halden upon the Sabboth-day, nor zit within Kirkes or Kirk-zairdes, that day or ony uther day, under the paine of escheitting of the guddes, to the use of the pure within the Paroche. And sik-like, that na handie-labouring, nor woorking, be used on the Sabboth-day, nor na gamming and playing, passing to Tavernes and Aile-houses, or selling of meat or drink, or wilful remaining fra their Paroche Kirk, in time of Sermon or Prayers on the Sabboth-day be used under the paines following: That is to say, of everie person, for the handie-labouring and woorking, commonlie used be the purest sort, ten-schillings, and for gamming, playing, passing to Tavernes and Aile-houses, selling of meat and drink, and wilful remaining from their Paroche Kirk, in time of Sermon or Prayers on the Sabboth-day, of everie person twentie schillings, to be applyed to the helpe and reliefe of the pure of the Parochin. And in case of the refuse, or inhability of ony person offending in the premisses, to pay the saids paines respectivè, presentlie and indelaiedlie, upon their apprehension or conviction, after lauchful tryal, he or sche, sall be put and halden in the stoks, or sik uther engine, devised for publik punischment, be the space of twenty foure houres. And for execution heirof, the Kingis 104 This act was ratified by 1581, ch. 1, and is important as an authority in reference to the jurisdiction of the Kirk. Majesties commission of Justiciarie, sall be granted to sum persone in every Parochin, best affected and maist abill to performe the same, at the request of the Minister. 105 12. For punischment of strang and Idle Beggars, and reliefe of the pure and impotent. FORSAMEIKLE as there is sindrie lovabil Acts of Parliament maid be our Soveraine Lords maist nobil Progenitours, for the stanching of maisterful and idle Beggers, away putting of sornares, and provision for the pure: Bearing, that nane sall be thoiled to beg, nouther to Burgh nor to land, betwixt 14. and 70. zeires. That sik as makes themselves Fules and ar Bairdes, or uthers siklike runners about, being apprehended, sall be put in the Kingis Waird or irones, sa lang as they have ony gudes of their awin to live on. And fra they have not quhairupon to live of their awin, that their eares bee nayled to the Trone, or to an uther tree, and their eares cutted off, and banished the countrie, and gif thereafter they be found againe, that they be hanged. ITEM, That nane be bee thoiled to begge in ane Parochin, that ar borne in ane uther. That the heades-men of ilk Parochin, make takinnes, and give to the Beggares theirof, that they may bee susteined within the boundes of that Parochin. And that nane uther bee served with almes, within that Parochin, but they that beares that takinne allanerlie, as in the Actes of Parliament maid theiranent, at mair length is conteined. Quhilkes in time bygane, hes not bene put to dewe execution, throw the iniquitie and troubles of the time by-past, and be reassoun that there was not heirtofoir ane ordour of punischment, sa speciallie devised, as need required, bot the saidis Beggares, besides the uthers inconvenientes, quhilks they daylie produce in the commounwealth, procures the wrath and displeasure of GOD, for the wicked and and ungodlie forme of living, used amangs them, without mariage or baptizing of a great number of their bairnes. THEREFOIR now, for avoyding of the inconvenients, and eschewing of the confusion of sindrie Lawes and Actes, concerning their punischment, standing in effect. And that sum certaine execution, and gude ordour may follow theranent, to the great pleasure of Almichtie GOD, and commoun weill of the Realme: IT IS thocht expedient, statute and ordained, asweil for the utter suppressing of the saidis strang and idle beggers, sa contageous enimies to the commoun weill: As for the charitabil releeving of aged and impotent pure peopil, that the ordour and forme following bee observed: That is to say, that all persones, being above the aige of fourteene and within the aige of threescoir and ten zeires, that heirafter ar declared and set foorth be this Act and ordour, to be vagaboundes strang and idle beggars quhilkes sall happen at ony time heirafter, after the first day of Januar nixt-to-cum, to bee taken wander- nished. ing and misordering themselves contrarie to the effect and meaning of thir presentes, sall be apprehended, and upon their apprehension be brocht befoir the Provest and Baillies within the Burgh, and in everie Parochin in Landwart, befoir him that sall be constitute Justice be the Kingis Commission, or be the Lordis of Regalitie, within the samin to this effect: And be them, to bee committed in 105 This is the first of a series of Scottish statutes passed after the introduction of the new religion, to protect the sanctity of the Lord's day. The subsequent acts are 1592, ch. 17; 1593, ch. 6; 1594, ch. 8; 1661, ch. 281, and 1663, ch. 43. In reference to these acts, see Hume, vol. i. p. 573, et seq. In Mr Thomson's Edition of the Scots Acts, the word "Sonday" is used throughout this act, in place of" Sabboth day" as above. Vaga bounds & idle beggars suld be pu |