The estats of parlement ordaines that where the list of the committeis of warre given in be the commissioners of shyres are not subscribed be the commissioners thameselffis, that the marking therof be ane of the clerks and bearing to be produced be the commissioners or any ane of thame shall be sufficient to supplie the want of ther subscriptions.
[1649/1/115]*[print] [email] [cite] [preceding] [following]
The estats of parlement etc,. having takin to thair consideratioun the supplicatioun of the committee of warre of the shyre of Pearth, craving warrant to be graunted to the lieutennent generall and his under officers for sending out of parties to quarter upon the collectors of the monethly maintenance and other publict dewis for not compting for and making payment of the publict dewis received and intrometted with be thame; as alse upon all such heritors within the said shyre as are deficient in payment making of the saids publict dewis, as the said supplicatioun at more length proports, the saids estats graunts power and warrand to the lieutennent generall and his under officers for sending out of pairties to quarter upon the deficients, asweell collectors as heretors, and uthers lyable in payment and making compt of all publict dewis dew and received be thame for not compting and making payment therof to the auditors appointed for that effect, and that at all tymes as they shall be required be the committee of warre of the said shyre of Pearth to the effect forsaid, quheranent thir presents shall be ane sufficient warrant.
[1649/1/116]*[print] [email] [cite] [preceding] [following]
The estats of parlement etc., having takin to thair consideratioun the supplicatioun of Sir Lodovick Houstoun of that ilk, craving a warrant to be graunted to the shirreff of Edinburgh and his deputs for proceeding in the actioun of removing intented be the supplicant aganst Mr Thomas Young and certane other persons, possessors of his lands of Leanie, quhill the finall decisioun thairof, notwithstanding of any advocatioun in the said mater; they ordaine the said shireff principall of Edinburgh and his deputis to proceed in the said actioun of removing, notwithstanding of the advocatioun and reasons therof in the said mater whill the finall decisioun of the said actioun of removing, and to pronounce sentence and give out thair decreit in the said mater.
[1649/1/117]*[print] [email] [cite] [preceding] [following]
The estats of parlement, considering the great abuse that hath creeped in by graunting of remissiounes or respits to persons guiltie of crymes which are ordained to be punished by death, both by the law of God and law or practik of this kingdome, by which remissions and respits God's law is presumptuouslie dispensed with, the law and practik of the land made useles, the wholl land polluted with sin, a doore opened unto the committing of many hainous crymes without fear through hope of impunity, and the Lord provocked in his wrath to plague the land and to doe justice upon the inhabitantis theirof becaus of the neglect of the magistrat heerin, doe thairfor statute and ordaine that no remission nor respite shall heirafter be given or passed in favors of any persone or persons that are punishable by death, both be the law of God and by the law and practik of this kingdome; and that if any remission or respite shall be purchased and obtained by any such persone or in their favors, the samyne is heereby declaired null and of no effect, and that the saids persons, notwithstanding of the said remission or respite, shall be proceeded aganst and punished by death, according to the law and practik of the land. And ordaines the justice generall and his deputis and all others having power in criminalls accordingly to proceed and to doe justice notwithstanding of any such remissions and respits, and ordaines his maties advocats and others having interest to intend and prosequute persutis to the finall decisioun of the samene aganst the contraveiners of the act forsaid.
[1649/1/118]*[print] [email] [cite] [preceding] [following]
The estats of parliament etc., for removeall of all questiounes and doubts that may arise heerafter in criminall persuits for slaughter, statuts and ordaines that the cases of homicide afterfollowing, viz: casuall homicide, homicide in laufull defence and homicide committed upon theives and robbers breaking hous in the night, or incase of masterfull depredatioun, or in the persute of denounced and declaired rebells for criminall causes, or of such who assist and defend the rebells by armes and by force opposes the persute and apprehending of thame, quhilk shall happin to fall out in tyme comeing, nor any of thame, shall not be punished by death, and that notwithstanding of any lawis or acts of parliament or any practik made heirtofore or observed in punishing of slaughter; bot that the manslayer in any of the cases aforesaid shall be assolyied from any criminall persute persued against him for his lyfe for the said slaughter before any judge criminall within this kingdome. Provyding alwise that in the case of homicide casuall and of homicide in defence notwithstanding that the manslayer is be this act fred from capitall punishment, yet it shall be lesum to the cheeff justice court, with advise of the counsall, to fyne him in his meanes to the use of the defunct's wyfe and bairnes or nearest of kin or to imprisone him.
[1649/1/119]*[print] [email] [cite] [preceding] [following]
The estats of parlament, considering that notwithstanding the laudable and pious act made at Pearth, the sevint of August 1645 aganst suearing, drunkennesse and mocking of pietie, these vyces doe still continow and encreasse in the land, unto the great dishonor of God and scandall of the Gospell, doe thairfor, for remedie therof, renew the said act with the alteratioun and additioun following, viz: that whosoever shall be found culpable of any one or other of the vyces mentionat in the said act by any civill or ecclesiasticall judicatorie whereunto they are subject shall even after the first convictioun before ather of the said judicatories be subject and lyable to the severall and respective penalties mentionat in the said act; and ordaines the act foirsaid to have full force, strength and effect in all other clauses theirof. And farder ordaines the said act to be extended and execute aganst scolders, filthie speakers and makers or singers of badie songs, and they made lyable to the respective penalties contayned therin according to the quality of the offenders, evin after the first convictioun as said is. And as for these who after the fourth convictioun of any one of the saids faults doe not yet amend bot prove incorrigible, the convictioun being represented be the sessioun or presbitrie to the magistrat of the paroche appointed for lifting of the penalties or shirreff of the shyre, lords of secreit councell or magistrats of burgh, the estats ordanes the saids incorrigible persons to be put in prisone, there to remaine ay and quhill they find cawtioun for thair good behaviour in all tyme comeing under the paine of four hundreth pounds to ilk nobleman, to ilk barone four hundreth merks, ilk gentleman, heritor and burges tuo hundreth merks, ilk yeoman fourtie pounds, ilk servant tuentie pounds, to be imployed on pious uses. And becaus healthing and scoalling is the occasion of much drunkennesse, thairfor the estats of parlement extend this act and the said act at Pearth and the respective penalties therin contayned aganst all those who under whatsoever name or by whatsoever gesture drink healthes and scoalls and motioun the same and urge others therunto. And it is declaired that the executeing of this act shall be besyd and without prejudice of the church censure.