against Clandestine and Irregular Marriages the Celebrator of the said Clandestine Marriage shall be lyable to be summarly seazed and imprisoned by any ordinar Magistrat or Justice of Peace and farder punishable by the Lords of His Majesties Privy Councill not only by perpetuall banishment but by such pecuniall or corporall pains as the said Lords of Privy Councill shall think fit to inflict As also that the Witnesses to the said clandestine Marriages shall be lyable each of them in the sum of ane Hundred pounds Scots toties quoties to be applied to the uses and in manner above mentioned or if insolvent to such corporall punishment as the said Lords shall think fit to determine [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 11. [1698, cap. 11.] ACT for the Ease of small Vassalls of Bishops Lands now holden of the King OUR Soveraign Lord with advyce and consent of the Estates of Parliament for the farder ease of small Vassalls of Lands and others now holden of his Majestie by vertue of the twenty nynth Act of the second Session of this current Parliament intituled Act anent the superiority of Lands and others which formerly held of Prelates or Bishops and their Chapters to be now holden of the King and Queen Statutes and Ordains that not only the Signatures and Charters of the said Lands the valuation wherof is but one hundred pound Scots or under shall pass the Great Seal per saltum without passing any other Seal and that gratis without payment of Composition in Exchequer or other dues sicklyke as is provyded by the thirty second Act of the said Session of Parliment in favors of Vassalls of the said Lands where their valuation is only ten pound Scots or under But lykewayes that in case of their deceiss the speciall services. . . . shall be expede in his Majesties Chancellary for the sum of ten merks for all dues and drink money and that they shall be free of paying a seasine ox to the Sherriff . . . . and the dues to be payed by them to Sherriffs. ... for equees shall not exceed the twenty part of their few dutie and this Act to be without prejudice to the other small Vassalls of the said Lands of the other priviledges provyded to them by the forsaid thirty two Act of the second Session of this Parliament [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 35. [1698, cap. 16.] ACT for preserving of Planting OUR Soveraign Lord with advyce and consent of the Estates of Parliament Ratifies and Approves all former Laws and Acts of Parliament made for planting and incloseing of ground And for makeing the samine more effectuall Statutes and Ordains that all tennents and cottars shall preserve and secure all growing wood and planting that is upon the ground they possess that none of it shall be cut broke or pulled up by the roots or the bark peilled off any tree and that under the pain to be exacted by their masters allennarly of ten pounds Scots for each tree within ten years old and twenty pound Scots for each tree that is above the said age of ten years unless the samine be done by warrand and order of the said master and heretor of the ground And ordains the tennent to be lyable for his wife children and servants or any others within his familie that shall contraveen this present Act CAP. 39. [1698, cap. 20.] ACT for settleing the Communication of Trade OUR Soveraign Lord for terminating the differences that have lately arisen betwixt the Burghs Royall and Burghs of Regality and Barony and others on the account of the Communication of Trade appointed by the Act of Parliament IM vje and nynety three. . . . As also what should be the quota of the said Taxt Roll which should be laid for hereafter upon the said Burghs of Regality and Barony and others who should partake of the said Communication and how the same should be subdivyded and proportioned amongst them Doth with the advyce and consent of the Estates of Parliament Ratifie and Confirme the Communication of trade ordained by the forsaid Act and . . . . Statutes that the said Quota and Subdivision being once stated all persons inhabitants of the said Burghs partakeing of the Communication shall be İyable to be stented for the Quota appointed as the use is in Burghs Royall As also that for thereafter the said Burghs shall be lyable to the determination of the Conventions of Royal Burrows as to the alterations of their Quota as other Burghs Royall Provydeing allwayes that the Burgh to be altered be first called and that the said alterations shall not encrease the generall Quota laid upon unfree trade As lykewayes that in case of inequality the Burgh lesed may apply for remedy to the Parliament Lykeas in case of the increase or decrease of trade it is hereby Declared that the Burghs concerned whether Royal or not may apply to the Parliament even as to the general Quotas [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] PARLIAMENT AT EDINBURGH, 29TH OCTOBER 1700. CAP. 6. [1701, cap. 6.] ACT for preventing wrongous Imprisonments and against undue delayes in Tryals OUR Soveraign Lord Considering it is the interest of all his good Subjects that the liberty of their persons be duely secured And that it is declared by the claim of right that the imprisonment of persons without expressing the reasons thereof and delaying to put them to tryal is contrare to Law Therefore His Majestie with advice and consent of the Estates of Parliament Statutes Enacts and Ordains that all Informers shall signe their Informations and that no person shall hereafter be imprisoned for custody in order to tryal for any crime or offence without a warrand in writ expressing the particular cause for which he is imprisoned and of which warrand the messenger or executor thereof before imprisonment or the keeper of the prison receiveing the same is hereby ordained to give a just double immediately under his hand to the prisoner himselfe for the end after specified Declareing that all warrands for imprisonment on the account forsaid either proceeding upon informations not subscribed or not expressing the particular cause shall be void and null and the Judge or Officiar of the Law and all others whatsomever subscribeing the same and the Executor or keeper of the prison who shall receive and detain the person so wrongouslly ordered to be imprisoned or refuseing a double as said is shall be lyable in the punishment of wrongous imprisonment hereafter exprest. . . . And His Majestie with advice and consent forsaid farder Statutes and Ordains that upon application of any prisoner for Custody in order to tryal whither for capital or bailable Crimes to any of the Lords of Justiciary or other Judge or Judicatory competent for judgeing the crime or offence for which he is imprisoned and the said prisoner his produceing the said double of the warrand of his imprisonment under the Keepers hand the said Judge or Judicatory competent under the pain of wrongous imprisonment are hereby Ordained within twenty four hours after the said application and petition is presented to him or them to give out letters or precepts direct to messengers for intimating to his Majesties Advocat or Procurator fiscall and party appearing by the warrand to be concerned if any be within the Kingdom to fix a dyet for the tryal within sixty dayes after the intimation Certifieing his Majesties Advocat or Procurator fiscall and the said party concerned that if they failyie the prisoner shall be discharged and set at liberty without delay For doing whereof the said Judge or Judicatory competent are hereby expressly warranted and strictly required and ordained to do the same under the penalty forsaid unless the delay be upon the prisoners petition or desire And the dyet of the tryal being prefixed the Magistrats of the place or Keeper of the prison shall then be oblidged to deliver the prisoner to a sufficient guard to be provided by the Judge his Majesties Advocat or Procurator fiscal that the prisoner may be sisted before the Judge competent And his Majesties Advocat or Procurator fiscal shall insist in the lybell and the Judge put the same to a tryal and the same shall be determined by a final sentence within fourty dayes if before the Lords of Justiciary and thirty dayes if before any other Judge And if his Majesties Advocat or Procurator fiscal do not insist in the tryal at the day appointed and prosecute the same to the conclusion as aforsaid His Majestie with advice forsaid Statutes and Ordains that the dyet shall then be simpliciter deserted and the prisoner immediately liberat from his imprisonment for that crime or offence And if no process be raised and execute within the time allowed or in case of not insisting at the dyet and bringing the process to a conclusion within the forsaid space it shall be lawfull to the prisoner to apply to the Justice General Justice Clerk or any of the Lords of Justiciary or Judge competent respective And upon his application and instructing that the limited time by law for insisting or concludeing the process is elapsed and Instruments taken thereupon the said Justice General Justice Clerk Lords of Justiciary and Judge competent shall be oblidged within twenty four hours to issue out Letters or precepts direct to Messengers for chargeing the Magistrats or keepers of the prison where the prisoner is detained for setting him at liberty under the penalty of wrongous imprisonment in case of delay or refusal to grant the said letters or precepts or to set him at liberty after the Charge without prejudice to the keeper of the prison as to his dues in all cases of liberation as formerly before the makeing of this Act And the prisoner being liberat in manner forsaid it shall not be lawfull to put or detain him in prison for the same Crime under the penalty of wrongous imprisonment in case his former liberation be made known to the Committer before the Warrand be granted or in case he be detained after his former imprisonment is sufficiently instructed to the keeper of the prison who upon production of the former warrand of his liberation from his imprisonment for the same Crime shall be oblidged to set the prisoner furth with at liberty unless there be new criminal letters raised before the Commissioners of Justiciary and duely execute against the said prisoner In which case it is hereby Declared lawful to imprison him of new tho the said Letters be raised for the same Crime for which he was formerly incarcerat And it shall be lawfull to apprehend and secure him at the time of Executing the saids Letters or at any time thereafter before tryal and to detain him till his tryal or that he be set at liberty in due course of law And his Majestie with advice and consent forsaid Ordains his Majesties Advocat to insist in the said lybell and prosecute the same to a final sentence within fourty dayes after the said prisoner is of new incarcerat thereupon unless the delay be upon the application or at the desire of the Prisoner Wherein if the Kings Advocat failyie the dyet is to be deserted simpliciter and the prisoner ordained to be set at liberty from the said imprisonment And the process not being duely prosecute as aforsaid and the dyet thereupon deserted His Majestie with advice and consent forsaid Declares the party imprisoned a second time as aforesaid to be for ever free from all question or process for the forsaid crime or offence Provideing allwayes that in case of imprisonment for treason the prisoner shall not have access to apply for prefixing of a dyet for process for fourty dayes after his imprisonment which are hereby allowed for prepareing of the process After elapseing of which time the Lords of his Majesties Privy Council or Lords of Justiciary or any one of them are hereby required upon the application of the prisoner to issue furth precepts as in other cases And in case of not insisting or prosecuteing the process as aforesaid the prisoner shall be liberat upon sufficient baill to Compear at any time when called within twelve moneths for his good and peaceable behaviour in the mean time the said baill not exceeding the double of the baill in other crimes Declareing that the liberation provided by this present Act is only to be understood from imprisonments for the causes forsaid and without prejudice of all personal diligence or imprisonments for payment of debts or upon sentence or for any other causes than these above exprest in the same way and manner as was competent before the makeing hereof... Without prejudice also to inferior Magistrats Judges or Justices of the Peace and Constables to take security of persons for their good behaviour and keeping of the peace as they have been in use formerly to do or to imprisone in order to tryal for indignities done to the saids inferior Magistrats Judges or Justices of Peace or to imprisone .. vagabonds and masterfull beggars or to imprison for ryots bloods and batteries or persons found acting in tumults or for drunkenness sabbath breaking and swearing uncleanness pickeries and thieveing For which cases or any of them it shall be lawful to proceed as formerly the person imprisoned haveing allwayes his relief by offering baill and demanding a tryall as above As also provideing that in the case of imminent or actual invasion rebellion or insurrection Commitments may proceed by order of the Privy Council or any five of their number upon suspicion of accession thereto without being lyable to any penalty for the said Commitment the person imprisoned haveing allwayes his relief for tryal or liberation as aforesaid And his Majestie with consent forsaid Statutes and Ordains that the pain of wrongous imprisonment shall be Six thousand pound for a Nobleman four thousand pound for a landed Gentleman two thousand pound for every other Gentleman and Burgess and four hundred pound for other persons And if any prisoner be detained after elapsing of the respective dayes in manner above prescribed for obtaining his liberty the Judges Magistrats or others wrongously detaining shall be lyable in the pains following videlicet of ane hundred pound for each day for a Nobleman sixty six pound thirteen shilling four pennies for a landed Gentleman thirty three pound six shilling eight pennies for other Gentlemen and Burgesses Six pound thirteen shilling four pennies for other persons And farder shall loose their offices and be incapable of publict trust by and attour the pains above specified and the penalty to belong to the party imprisoned and process to be competent for the same before the Lords of his Majesties Privy Council or before the Lords of Council and Session to be discussed by them summarly without abideing the course of the roll And it is hereby Declared that the above penalties shall not be modified by any power or authority whatsomever And his Majestie with advice and consent forsaid Extends this Act for preventing of wrongous imprisonment to the case of all confinements not either consented to by the party or inflicted after tryal by sentence And farder Discharges all closs imprisonments beyond the space of Eight dayes from the commitment under the pains of wrongous imprisonment above set down As also that no person be transported furth of this Kingdom except with his own Consent given before a Judge or by legal sentence Certifieing Judges and Magistrats and all others who shall give order otherwayes for the said transportation as likewayes all such who shall transport any person without a lawfull Warrand from a Judge or Magistrat that he shall be lyable to the foresaid pains of wrongous imprisonment as also of being deprived and declared incapable of all public trust And his Majestie with advice and consent foresaid Enacts and Declares that action and process for wrongous imprisonment shall prescribe if not pursued within three years after the last day of the wrongous imprisonment And process being once raised the same shall prescribe if not insisted in yearly thereafter And it is hereby Statute and Ordained by advice and consent forsaid that no member of Parliament attending shall be imprisoned or confined upon any account whatsomever dureing a Session of Parliament without a Warrand of Parliament Reserveing to the high Constable and Marischall their priviledges and jurisdictions in the time of Parliament as formerly And also provideing that if any member shall happen to commit a capital crime or if there be a manifest hazard of the peace any Magistrat may attatch for secureing of the person or the peace and deliver the person to the custody of the High Constable in order to the Parliaments cognition the next Sederunt [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] ACTA PARLIAMENTORUM ANNÆ. PARLIAMENT AT EDINBURGH, 28TH JUNE 1705. CAP. 48. [1705, cap. 2.] ACT for advancing and establishing the Fishing Trade in and about this Kingdom OUR Sovereign Lady and the Estates of Parliament taking to consideration the great and many advantages that may arise to this Nation by encouraging the Salmond White and Herring fishings they being not only a natural and certain fund to advance the trade and increase the wealth thereof but also a true and ready way to breed seamen and set many poor and idle people to work And albeit there be several good acts already made to encourage and carry on that trade yet they are either in dissuetude defective or do not answer the present circumstances Therefore that so great and general a concern may take effect in time coming Her Majesty with advice and consent of the Estates of Parliament Authorizes and Impowers all her good subjects of this Kingdom to take buy and cure herring and white fish in all and sundry seas channells bays firths lochs rivers &c. of this her Majesties ancient Kingdom and Islands thereto belonging wheresoever herring or white fish are or may be taken And for their greater conveniency to have the free use of all ports harbours shoars fore-lands and others for bringing in pickeling drying unloading and loading the same upon payment of the ordinary dues where harbours are built that is such as are paid for ships boats and other goods and Discharges all other exactions as a nights fishing in the week commonly called Saturday's fishing top money stallage and the like. [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] PARLIAMENT AT EDINBURGH, 3RD OCTOBER 1706. CAP. 6. ACT for Securing the Protestant Religion and Presbyterian Church Government OUR Sovereign Lady and the Estates of Parliament considering that by the late Act of Parliament for a Treaty with England for an Union of both Kingdoms It is provided that the Commissioners for that Treaty should not treat of or concerning any alteration of the Worship Discipline and Government of the Church of this Kingdom as now by Law established Which Treaty being now reported to the Parliament and it being reasonable and necessary that the true Protestant Religion as presently professed within this Kingdom with the Worship Discipline and Government of this Church should be effectually and unalterably secured Therefore Her Majesty with advice and consent of the said Estates of Parliament Doth hereby Establish and Confirm the |