Page:The Laws and Acts of Parliament of Scotland.djvu/846

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44 V An '^Abridgement of the ACANT STIPENDS. That all Vacants Stipends, and Benefices , beimployed for the fupply, ana reparation of the lodes of (Itch in the Miniftry , or Universities ,aswerethruft out, and fullered for their Loyalty , in the late confufions, and of their Wives, and Balms, and that at the fight of the Council , without prejudice to theRehft. and Executors of Minifters, of their dues after the Minifters deceale, and this Aft to endure for feven years, and longer, as his A/ajelly lhall think fit, Car. 2. p. i. Scfl. 1. cap. 52. SteManfes. VAGABONDS, SeeBeggers, Poor , and Sorners. That all men certifie concerning Vagabonds, and (ufpeft Perfons, that they may be apprehended , under the pains due to thele Vagabonds, lam. 6. par. 12. cap. 14+. , .. . Aft tor eflablifliing Correftion Houfes in the 5urghs, and in manner mentioned in the Aft, for idle Beggers, and Vagabonds, far. 2. p. 2. Sell 3. cap. ig. VALENTINES. The Kings dole orders to Land-lords, and Chiftains of Clanns, to produce notable Limmers, whiclilhould beobeyed, Jam. 6. par.n. cap. 103. See it in Highland!. VICTUAL. That buyers of Viftual , and holders thereof to a dearth be repute as Ockerets, and fo puniified , and the Viftual efcheat to the King, Jam. 2. p. 6. cap. 22. That none that buy Viftual to fell again, hold more then will fuftain them, and their meinzie , till new Corn, under the pain of efcheat of the Viftual, and that all have power to buy, and fell Viftual , and that none hold old (lacks in their y cards, longer then Zk/c , under the pains of efcheat of the Stacks, Ibid. cap. »3- Order for threfliing out of Corns, then unthreihen, lam. 2. p: 9: c: 37- That no man hold Viftual in Girnels, butallanerly forhis.ownu(e , and finally until Michaelmcs then next, Ibid. cap. 38. That no man hold more then will ferve him , and his Houfe for a quarter, and that the reft; be prefented in Mercat, Knf.cap.39. Thefe three Afts fcem to have been made for a prefling dearth. That inbringers of Viftual be favourably treated , and no new Cuftom taken ff them: Jam: 2: p: 10: Cap: 40. All men are free to bring , and (ell Viftual, all the dayes of the week , as well as on the Mercat day, Jam: 4: p: 4: cap: 44. That none carrie Viftual forth of the Realm, under the pain of efcheat of it, with the reft of the Owners Moveables ; as alfo of the Skippers Moveables , who receiv- ed it, Q. M: p:6:cap: 40. Another Aft againft the ttanfporting of Kiftual,and Gudes, (See B tfHal) either by Land , or by Sea , and for (laying the tranfport of Viftual by Sea , that the Ship, and whole gudes of the Matter, and Clerk thereof be efcheat, in cafe of Contra- vention, and their Perfons imprifoned at the Kings will, and that Searchers be appointed by the Burgh, tofearch with the Kings Searchers, and the one half of the Viftnal found,to be efcheat to rhe King , and the other to the Burgh, lam. <S. p. ii.cap.S5. See Be/Hal. That notice be taken what Viftual Ships take in at their patting to Loch-broom , aod the North Iflcs , to the Fifhing in the Harveft, Ibid.czp.s7. That Viftual may be tranfported when under the prices following, Wheat, Twelve founds , Bear , and Barley, Eight pounds , Oats, andPeafe, Eight merks per Boll , the former Afts notwithftanding , the Viftual paying Cuftom , and Bul- lion as formerly , but the Lords of Privy Council when they find it neceifary , may forbid this export, Car. 2. p. 1 . Seff. 3 . cap. 1 2. impoCttianofThree pounds Scots per Bolton Viftual brought from Ireland, Ibid cap. 1 4. See Ireland. Viftual exported difcharged of Cuftom, Bullion, and all dues, except one merk per Chalder , and the Lords of Council are authorized to declare the prices as in the Aft, Car. 2.-p: i.-Seff: 3. cap: i2.(above) and reftrain this export when they fee caufe, Car: 2: p.- 2: Self- 1. cap: 14. Aft difcharging the Importation of Viftual from Ireland, Car,-2: p: 2: Sell: 3. cap: 3. See Ireland. VIOLENT POSSESSOR. That Violent Intruders , and PofleiTors of other mens Lands , be ejefted by the Sheriff, upon the complaint of the Party. Jam. 2. p. 14. cap. 73. w w O D S E T. Tacks fet at tiie granting of Wodfets, to Commence after rhe Redemp- tion, for half MaiU, or thereby, not tobekeept, but they fliould be let for the true Maill, lam. 2. p. 6. cap. is. See it in Tackj. That in cafe of proper Wod fets granted fince the year, 1 649. where the Rent ex- ceeds the Annual-rent , and yet the Creditor is exprelly freed of the hazard of the Fruits, alid Rents, that the fame be relinked to the ordinary Annual-rent, and the Superplus Rent compted for and imputed to the payment of the principal fum , and that all fuch Wodfets in time coming be juged ufurarie ; and where the Creditorbears the faid hazard, yet if there b"e any Claufes Irritant in thefaids Wodfets, the fame are fufpended for five years after Whitsunday, i<S6r. As alfo the Debitor is allowed to reduce, at any W hitfunday , or Mar times he pleafes, al- beirbytiie right, the Redemption be fufpended, but where the Creditor, and Granterqfrhe Wodfet, have tranfafted for an irtedimable right, the (aid Tranf- aftions are declared valide at what time foever rhe faid Wodfets were granred ; And farther becaufe of rhe difficulties of former times, It is ordained that in cafe of any ptoper Wodfet already granted , the Creditor in rime coming during the not Requifition, orRedemption , upon offer made by the Debitor of fufficient fecu- rity, for his Annual- renr, lhall be holden to renounce his Pofieffion , at lead (if this he rather pleafe) to reftrift the fame to his ordinarv Annual-rent, and be comptable for the Supcrplus , Providing alwayesthat the' Creditor hath gotcom- pleat payment of his Annual-rents, for ally-ears preceeding, all publickbuideris. expences of Meliorations, and Iofles whatfoever, being firft difcounted eff, which Deduftions , the Lords are to take any reafonable probation with the Credit tors Oath in Supplement, and that where he is in natural polTeffion with his own Goods, he be duly wairned and removed: And it is declared that after this favour the like lhall not be granted hereafter, as to lawful proper Wodfets, Car 2 par 1 Sell; i.e. 62. WARDEN of the BORDERS. That the Warden choofe fuch Deputes as he will (land for, and that rhe Kin? af- fift him and his Officiars, Is. 2. p 6. c. 1 5. That there be no Wardens of rhe Borders made in Fee, and that they judge not ofTreafon, or points of Dittay, faving what is needful for confervarion of the Trews, la. 2. p. 1 i.e. 42. That no man go away with Goods taken in the Wardens Raids before they be parted, under pain ofTreafon, la. 2. p. 12. c. 52. The Warden may continue his Courts for three dayes, or (hotter, lam. 3. p. 11. oap. 87. WARDEN of the C U I N Z I E. See Money. That there be a Warden for eiTayihg the Cuinzie, Iam.3. p.13. c.93. And his Office more fully fet down, la. 4. p. 1. c. 2. WAIRD-HOLDING, and WARDATAR. That the Wardatar required by the Sherifffind foverty not to deftrcy the Lands, but ro keep them in ficlike kind as he finds them, and that a reafonable Living be given to rhe Air, if he have no other Lands, la. 4. p. 3. c. 2 j. Ratified, and the Sheriff and other Officiars (Iriftly enjoyned to put it in executi- on, with power to charge for the faid foverty, la: 5: p: 4:c: 15. The perfeft age of an Air Male in Waird-Lands faid to be twenty one years, and of an Air Female fourteen years compleat, Q.M.pai. 3.C.5. And lam. 6. par. 2. cap. 42 That fuch as hold Lands Waird or Few, cum maritagio of the King, or of the Prince, componing therefore, and getting the fame changed to Few, lhall be free of the marriage , as to all other Superiours of whom they may hold other Lands Waird, liclike as if they had continued to hold of the King, or Prince, as former- ly: Butif they Annailzie their Lands (ochanged, then the Alienator and his Airs to have no longer the benefit of this Aft, Car,2.p. i.Seff i.c.58. WAIRNING. See Removing. That Wairning be made to TennentJ fourty dayes before Whitfundsy any time within the year, either perfon ally, or at their dwelling places, and on the Ground of the Lauds, and a Copy delivered to Wife or Servanrs, or failzieing thereof, affixed on rhe Gate of the dwelling place of thefaids Lands, if any be, and there- after the Precept to be read in the Paroch Kirk where the Lauds ly, upon a Sabbath before noon, the timeof Preaching, or Prayers, anda Copy affixed ou the Kirk door fourty dayes before the Term, Q: M. p: 6: c: 3 9. WATER-METT. See Metts, m&Meafures. WAYES. Wayes to Mercat Towns (hould be twenty Foot broad at lead, and where larger, keptfo. Car. 2. p. 1. SelT i.e. 38. Seejufiiees of Peace. Power and Rules given to the Sheriffs and Juftices of Peace.to overfee and mend Hlgh-wayes, Bridges, and Ferries, and the Heretors in each Shire required to ft'entthemfelves, if needful, forthateffeft, norexceedingf^iyS-i'/MjJonthe hun- dred pounds per annum, and if the Juftices negleft, the charge is committed to the Council : As alfo, Letters of Horning and Poyndmg are ordained ro be direft: by the Council upon this Aft, Car; 2: p: 2: Sett: 1 r c: 1 6. Aft correfting the former as to the terms of mending therein fpecified , and re- ferring it to the Juftices at what time to call the Countrey to mend the Wayes, ire. Seed-time and Harveft excepted; and to take money, as in the Aft, from fuch as by reafon of their diftance cannot attend, Ibid. Sell': 2: c:9. W E A P O N-S H A W I N G. See CMilltia. That Weapon- fliawingsbemadein ilk Shire four times in the year, Ja- i.p. 2. c. 44. And (iclike in Burrows, and that all men be fufficiently Harniihed and Arm- ed, Ja: 1: p: 3: c: 60. Asalfo, thatthey be holden by Lords and Barons Spiritual and Temporal, four times in the year; and thatthe Foot-ball and Golff be cryed down, and Bow-marks made in each Paroch, and all betwixt twelve years and fif- ty u(e (hooting, Ja: 2: p: 14: c: 64: And Ja: sip: 6: c-45. That all the Leiges be ready, well abuilzied for War upon eight dayes warning, tb come to the King, orhisLieutennent, for defence of the Realm, furnilhed with Viftual and Expences for twenty dayes after their coming : And that Sheriffs, and alfo Bailltes of Regalities and Baronnies.hold the faids Weapon-lha« ings, and ameiciat them that are abfenr, or not well abuilzied, as in the formerAft, la: 3. p: 13: c.90. That the faid Weapon-ihawings be made as faid is, in all places convenient with- in the Shire, andthatmenbeanarmed, asisprefcribedinthe A<9, andatthedif- cretion of the Sheriff, or the Kings Commiffioner in that part, 13.-4, p:?.- cap.31. And that neither Foot-ball, or Golff, nor unprofitable (port for the defence of the Realm be ufed , but (hooting and Bow-marks, as is before appointed. Ibid. cap: 32. That for keeping of Armour and Harnefs in time of peace, all Scotland make Weapon-ihawings on Thurfday in Whitfiin-vteek, la. 4. p. 6. c. 7 5. That Weapon-ihawings be made twice in the year, in the moncths of June and Offober, at fuch dayes and place as lhall pleafe the Sheriff and Baillies to Burgh and to Land; And that the Mullets be taken by them, or the Kings Commiilioner in that pari, la. J. p. 6- c. 8 J- .... Themannerof Harnefsand Weapon-fhawings appointed, Ibid. c. S7, and SS. And that all coming to Weapon-fhawings be inrolled, with the manner of their Arms yearly, Ibid. c. 89. And warnings to Weapon-ihawings to be on twenty days, Ibid. e. 90. And that Captains one or moe be chofen in ilk Paroch, by rhe Sheriff, andBaiilie,- with the Kings Commiffionerinrharpart, by the advice of the moil able in the Shire, to Mufter their Companies twice each moneth lot Hay, June. and July, and other monethsalfoifrhey may, at what dayes they lhall think fit i on Holy dayes before noon, lbid.c.91. SeeMUV>'r«. . WEAVER. That no Weaver make any Searge under the breadth of an Eln and a Nail, Per- peruanaes under three Quarrers and an half, and Wollen Cloath under an Eln and an Half j under the pain of twenty pounds, and the Cloath or Stuff to be confifcar, halftohisMajefty, naif tothedifcovereij Car.i.p. i.Seff. 1. e. 42. That