ACTA PARLIAMENTORUM REGIS JACOBI SEPTIMI. PARLIAMENT AT EDINBURGH, 23RD APRIL 1685. CAP. 14. [1685, cap. 14.] ACT explaining the nynth act of the Parliament 1669 concerning Prescriptions OUR Soveraigne Lord Considering that at making of the nynth act of the first Session of the second Parliament of King Charles the Second Concerning Prescriptions In that part of it Relating to actions proceeding upon warnings Spulyies Ejections arreistments or for Ministers Stipends and others forsaid the cases that existed before that act were not taken into consideration Therfor His Majesty with consent of His Estates of Parliament Statuts and ordains that all such actions proceeding upon any diligence mentioned in that act already intented either before the said Act 1669 [or since] shall prescrive within fyve yeares after the Date of this act if they be not wakned within that time and all Actions to be raised heirafter upon the forsaids grounds shall prescryve in fyve yeares if they be not wakned within that time And his Majesty wills and Declares the forsaid nynth act to stand in full force as to the rest of the Tenor therof CAP. 15. ACT explaining the tenth act of the Parliament 1669 anent Interruptions OUR Soveraigne Lord Considering that the clause concerning citations used for interruptions mentioned in the tenth act of the first Session of the Second Parliament of King Charles the Second Hath left the case of such citations before the said Act undetermined His Majesty therfor with consent of His Estates of Parliament Statuts and Ordains that all citations used for interruptions preceeding that act shall prescryve within Seven yeares after the Date of this act if they be not renewed within that time And further Statuts and Ordains that in citations for interruptions As to the Rights of Lands and Waknings therof Copys of the citations shall be affixed on the most patent Door of the Paroch Church and that over and beside what is required by the said Act anent these executions CAP. 26. ACT concerning Tailyies OUR Soveraigne Lord with Advice and Consent of His Estates of Parliament Statuts and Declares That it shall be Lawfull to His Majesties Subjects to Tailyie their Lands C. 26.] James VII. and Estates and to Substitut aires in their Tailyies with such Provisions and Conditions as they shall think fitt and to affect the saids Tailyies with Irritant and Resolutive clauses wherby it shall not be Lawfull to the Airs of Tailyie to sell annalyie or Dispone the saids Lands or any part therof or Contract Debt or Doe any other Deed whereby the samen may be apprised adjudged or evicted from the others Substitute in the Tailyie or the Succession ffrustrat or interrupted Declaring all such deeds to be in themselves null and Void and that the next Air of Tailyie may immediatly upon the declarators Therof And Serve himself air to him who died last contravention pursue infeft in the fee and did not contraveen without necessity any ways to represent the Contraveener It is allways Declared that such Tailyies shall only be allowed in which the forsaid Irritant and Resolutive clauses are insert in the Procuratorys of Resignation Charters precepts and instruments of Seasine And the Original Tailyie once produced before the Lords of Session judicially who are hereby ordained to interpose their authority therto and That a Record be made In a particular Register Book to be keept for that effect Wherin Shall be Recorded the Names of the Maker of the Tailyie and of the aires of Tailyie and the Generall Designations of the Lordships and Barronies And The Provisions and Conditions contained in the Tailyie With the forsaid Irritant and Resolutive clauses Subjoyned therto to remain in the said Register ad perpetuam Rei memoriam . . . . and being so insert His Majesty with advice and consent forsaid Declares the samen to be Reall and effectuall not only against the Contraveeners and their aires but also against their creditors Comprysers adjudgers and other Singular Successors Whatsoever whither by Legall or conventionall titles. [In part rep., 1690 c. 104 and 6 Ed. 7 c. 38 (S.L.R.).] CAP. 35. [1685, cap. 28.] ACT and Commission for Plantation of Kirks and Valuation of Tiends FORASMUCH As His Majestys Father of ever blessed memory out of His Royall care and Zeale for the Reformed Religion within this Kingdom and maintinance and provision of the ministry and Churches therof and the peace of the Kingdom and for preventing and setleing all Differences that did or might arise betuixt titulars and others having Right to teinds And Heretors concerning the Leading and Drawing of their tiends And immediatly after His attaining and Suceeding to the Crown Gave furth and emitted His Royall Declaration anent the premisses and the other particulars therin specified and in pursuance of the Ends forsaids diverse Laws and acts of Parliament were made in the Year of Our Lord 1633 His said Majesty being then present in his Royall Person and since diverse acts of Parliament and Commissions have been made given and renewed to that purpose and particularly by the fifteenth act of the third Session of the Second Parliament of King Charles the Second His Majestys umqubile Royall Brother of ever blessed memory And his Majesty being resolved and desireous to prosecute so Good a Work for the universall good of His Subjects and especially for the encouragement of the Ministers of the Gospel Therfor His Majesty with advice and Consent of His Estates of Parliament Gives full power and Commission to His Majestys Officers of Estate for the time being And to the Archbishop of St. Andrews The Archbishop of Glasgow The Bishop of Edinburgh The Bishop of Dunkeld The Bishop of Galloway the Bishop of Isles The Bishop of Brechin The Bishop of Dumblane The Bishop of Aberdeen The Duke of Hamilton The Marquess of Douglas The Earle of Erroll The Earle of Marischal The Earle of Marr The Earle of Strathmore The Earle of Linlithgow The Earle of Southesque the Earle of Tueeddale the Earle of Balcarras The Lord President of the Session The Lord Pittmedden The Lord fforret the Lord Reidfoord The Lord Boyn the Lord Drumcairn The Lord Balcaskie Sir William Bruce of Kinross Sir George Lockhart of Carnwath Sir Archbald Cockburn younger of Langtoun Hugh Wallace of Inglistoun Sir George Drummond 143 of Milnab Charles Murray of Hadden Alexander Miln of Carridden Sir Alexander Bruce of Broomhall Sir Patrick Murray James Johnston Provost of Glasgow Mr Robert Innice writter to the Signet Sir George Skeen Provost of Aberdeen James ffletcher burges of Aberdeen John Dempster of Pitliver Or any eleven of them to be a Quorum wherof tuo of every Estate to meet and conveen at Edinburgh the day of yeares and such other place or places times or dyets as they shall appoint to value and cause be valued whatsoever tiends Great or Small Personage or Vicarage within this Kingdom which are yet unvalued Declaring that where the Viccarage 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 Viccarage be not frustrat of the true worth therof With power to the saids Commissioners or Quorum forsaid to appoint Committees or Sub Committees of their own number and to Grant Subcommissions and to receive Reports from them and to approve or disapprove of the same as they shall find just and to rectifie whatsoever valuations led or to be led to the enorm prejudice of the Titulars or to the hurt and detriment of the Church and prejudice of the ministers maintinance and provisions Provyding allways Lykas it is hereby expressly provyded and declared That where valuations are lawfully led against all persons having interest and allowed by former Commissions The same shall not be drawn in question nor rectified upon pretence of enorm lesion at the instance of the Minister (not being titular) or at the instance of His Majestys Advocat in respect of His Majestys annuity except it can be proven that Collusion was used betuixt the Titulars and Heretors or betuixt the Procurator ffiscal and the Heretors and titulars Which collusion is declared to be when the valuations are led with the diminution of the third part of the just rent Which Diminution shall be proven by the parties oath and with power to the saids Commissioners or Quorum foresaid where Ministers are not already sufficiently provyded or have not Localitys already Assigned to them for their Stipends out of the tiends within the paroch where they serve the cure In so far as the same will amount to according to the Quantities Proportions and Rules contained in the nynteenth Act of the Parliament 1633 to Modifie setle and appoint Constant Local Stipends to each minister out of the tiends of the paroch where they serve the cure With power also to the saids Commissioners to grant recompence by prorogation of Tacks to parties for all augmentations of Stipends which are granted since the year 1630 or shall be granted and that effeiring to the augmentations of Stipends which ar granted already or to be granted as the saids Commissioners shall think fit And Sicklike to Disjoyn too Large and Spacious Paroches to cause erect and build new Churches to annex and Dismember Churches as they shall think Convenient and to take ordor that every Heretor and Liferenter shall have the leading and buying of their own tiends if they be willing according to the rules prescribed by the nynteenth act and Commission Granted by His Majesty with consent of His Estates of Parliament in anno 1633 And the acts of Parliament therin mentioned With power to determine all Questions concerning the prices of Tiends betuixt titulars and others having Right therto and the Heretors And to appoint such Securitys in favours of Titulars and others having right to tiends for their prices to be granted to the Heretors and others lyable in payment of Valued Duties or buyers of the saids teinds and in favours of the Ministers as to their maintinance as the saids Commissioners shall think fitting according to the Rules set down in the said Act 1633 And each Heretor whose tiends belongs to Titulars of Erection to have power and liberty to buy the tiends of His own Lands whither valued or not within the space of three yeares after the date of this act With this Declaration allways that in case the impediment during the time forsaid flow from the titular by reason of His Minority or other Inability In that case the heretor who offered to buy his own tiends within the space forsaid shall have place so soon as the Impediment is removed to buy his tiends Notwithstanding of the expyring of the yeares and space above exprest And it is Declared that if the Heretor be minor and his tutor neglect the buying of his tiends within the forsaid space the minor shall have action for tuo yeares after His Minority to compell the titular to sell his saids teinds And Generally with power to the saids Commissioners to decide and determine in all other points which may concern the Drawing or Leading of tiends the Selling or buying of the same or payment of the Rates therof contained in the former acts of Parliament or set down in the Generall Determination given out by His Majestys Royal ffather of Blessed memory and if any person or persons shall find themselves Grieved and complain of the Injustice or exorbitancy of any Decreets or Sentences given in any of the Commissions during the time of the late troubles with power to the saids Commissioners to take the same to their consideration and alter annull or allow the saids Decreets and Sentences as they shall find just And it is allways provyded and Declared that the Archbishops and Bishops and other beneficed persons being ministers and their Successors shall not be prejudged of the Rents wherof their predecessors were in actual and real possession and which by the Laws of the Kingdom were due to them in Anno 1637 or wherof they are presently in possession and that they shall be no further bound but according to the provisions and conditions exprest in the submissions made by the Bishops to his Majestys Royal ffather of blessed memory of the date the day of 1628 yeares and Registrat in the Books of Commission for Surrenders and tiends upon the fifteenth day of July 1631 And wheras it may fall out that some of the saids Commissioners may be unable to attend the Service throw Death Sickness or other known Impediment Therfor His Majesty Declares that he shall be carefull to fill their places with other persons qualified whose oaths (for faithfull Discharging of the same) shall be taken by the Lord Chancellor or in his absence by the Lord President of the Commission for the time And ordains this present Commission to endure ay and while the same be Discharged by His Majesty And the acts Decreets and Sentences therof to have the force Strenth and Effect of a Decreet or Sentence of Parliament And the Lords of Session to Grant Letters of Horning poynding and other necessars to be direct upon the saids Decreets and Sentences in maner contained in the forsaids Commissions And His Majesty with consent forsaid hereby discharges all former Commissions declaring the same to be expyred CAP. 40. ACT anent Messengers Fees OUR Soveraigne Lord with advice and Consent of The Estates of Parliament Statut and Ordain that it shall be in the power of the Sheriffs Stuarts Baillies of Regalitys Justices of Peace and Magistrats of Burghs Royall respective within whose bounds any Legal Diligences shall be used to modifie the prices and charges craved by Messengers for execution of their offices from any of His Majestys Leiges upon the Complaint of the parties either for or against whom the Messengers were imployed CAP. 56. ACT in favours of the Inhabitants of Orkney and Zetland OUR Soveraigne Lord Considering the great distance of the Islands of Orkney and Zetland from the town of Edinburgh the ordinary place of Justice And the Uncertainty of passage by Sea and the many fresh waters and other fferries in the way by Land Doth with advice and consent of His Estates of Parliament Statut and Ordain that all Summons to be intented against the Inhabitants of Orkney and Zetland before the Lords of Privy Council the Lords of Session and before the Commissioners of Justiciary and Letters of horning and Lawborrows upon their Decreets Or by their warrand Shall be execute in time coming upon fourty days but prejudice allways of Letters to be raised upon writts Registrated of consent of parties where by the clause of Registration the party consents that execution should pass on a shorter time S. A. 145 10 PARLIAMENT AT EDINBURGH, 29TH APRIL 1686. CAP. 4. ACT ordaining Interlocutors to be subscribed by the Judges OUR Soveraigne Lord with advice and Consent of the Estates of Parliament Statuts and ordaines That from and after the first of November next all interloquitors pronunced by the Lords of Councill and Session and all other Judges within the Kingdome shall be signed by the President of the Court or the Judge Pronouncer therof And his Majesty with advice forsaid prohibites and discharges the Clerks upon ther perill to extract any acts or decreets unless the interloquitors which are the warrands therof be signed as said is declareing hereby the extracts which shall be given out otherways to be void and null CAP. 5. ACT ordaining all executions to be subscrived by the witnesses OUR Soveraigne Lord with advice and Consent of his Estates of Parliament Statuts and ordaines That in tyme coming all Citations befor the Lords of Session and Citations befor any other Judges Civil or Criminall which formerly by Law or custome used to be in writt and all executions of letters of horning inhibition and others whatsomever be subscrived by the executor therof and the witnesses therto Otherways to be null and void And that the same shall not be quarrellable for the want of stamping any Law or Practique to the contrar Notwithstanding CAP. 21. [1686, cap. 11.] ACT for Winter herding OUR Soveraigne Lord Considering the prejudice and damnage which the Lieges doe sustaine in their planting and inclosurs through the not herding of nolt sheep and other bestial in the winter tyme wherby the young trees and hedges are eaten and destroyed Doeth with advice and Consent of his Estates of Parliament Statute and ordaine that all heretors liferenters tenents Cotters and other possessors of Lands or houses shall Cause herd their horses nolt sheep suyne and goats the wholl year alse weell in winter as in summer And in the night tyme shall Cause keep the same in houses folds or inclosures soe as they may not eat or destroy their nighboures ground woods hedges or planting Certifieing such as Contraveen they shall be lyable to pay halfe a merk toties quoties for ilke beast they shall have goeing on their neighboures ground by and attour the damnage done to the grass or planting And Declares that it shall be laufull to the heretor or possessor of the ground to detaine the said beasts untill he be payed of the said halfe merk for ilke beast found upon his ground and of his expences in keeping of the same And this but prejudice of any former acts of Parliament made against destroyers of planting and inclosures |