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James 6.

11th Parl.

c. 114. Scots act.

expences of

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for the expences of the commissioners of the schires passing to parliament or generall councelles, and letters of poynding or horning to be direct for payment of the summes taxt to that Freeholders to effect, upon ane simple charge of sex dayes be taxed for warning allanerly; and that the said commission- commisioners, ers, authorised with sufficient commissiones of the commisthe schireffdomes, fra quhilk they cum, sealed and sioners to have subscribed, with sex at the least of the baronnes commissions, and freehalders thereof, sall be equall in number with the commissioners of burrowes, on the articles, and have vote in parliament and generall councelles in time cumming: and that his majesties missives before generall councelles sall be directed to the saids commissioners, or certaine of the maist ewest of them, as to the commissioners of burrowes in time cumming; and that the lords of councel and session, sall zeirly direct letters at the instance of the saids commissioners for conveening of freehalders to chuse the commissioners for the nixt zeir, and making of taxation to the effect abone-written; and that the compeirance of the saids commissioners of the schires in parliaments or generall councelles, sall relieve the haill remanent small barones and freehalders of the schires of their suites and presence aucht in the saids parliaments, providing alwayes, that the small baronnes observe there promises and conditions maid to his majesty; upon the quhilk declaration and ordinance maid and pronunced be our soveraine lord sittand in plaine parliament as said is; John Murray, of Tullibardin, asked actes and instruments, and David earle of Crawfurd, lord Lindsay, for himselfe, and in name and behalf of uthers of the nobility protesting in the contrair.

Commissioners of shires to

sions.

The Scots Stat. of James 6. 15th Parliament (1597) c. 276.

Barronnes suld send to the Parliament Commissioners with sufficient Commissiones.

OUR Soveraine lord and estates of parliament statutis and ordainis, that na barronnes be have commis received as commissioners for ony schireffedome within this realme at ony parliament, to be halden hereafter. Except the saids baronnes bring and produce with them sufficient commissions, granted to them in ane full convention of the hail baronnes of the said schireffedome; quhilk commission sall be authorised, with the subscription of ane great number of the barrons then present, to gidder with the clerk of the said convention his subscriptions: and gif the said commission be not past in dew forme, in maner foresaid, his hieness and estaites discharges the clerk of register, in all time hereafter of ony receiving of their saids commissiones.

Preamble.

The Scots Stat. of Charles 2. 1st Parliament (1661) c. 35.

Act concerning the Election and Charges of the Commissioners from Shires to the Parliament.

"THE king's majesty, considering that divers "debates have formerly occurred concerning the persons who ought and should have vote in the

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Charles 2.

c. 35. Scots act.

"election of commissioners, from the several "shires of this kingdom to parliament, and 1st Parliament "who are capable to be commissioners to parlia"ments, and that it is necessary for the good of "his service that the same be cleared for the "future," doth therefore, with advice and consent of his estates of parliament, statute, enact, and declare, that beside all heritors who hold a Heritors holdforty shillings land of the king's majesty in ing a 40s. land of the king in capite, that also all heritors, life-renters and capite, also all wadsetters holding of the king, and others who heritors, lifeheld their lands formerly of the bishops or ab- wadsetters bots, and now hold of the king, and whose year- king, and holding of the

renters, and

king, having

rent of ten

chalders

ing feu-duties)

be elected

noblemen and

ly rent doth amount to ten chalders of victuals, others, who held formerly or one thousand pounds (all feu-duties being of bishops, &c. deducted) shall be and are capable to vote in and now of the the election of commissioners of parliaments, the yearly and to be elected commissioners to parliaments, riders of excepting always from this act all noble- victual or men and their vassals. And it being just that 1000. (deductthose who shall be chosen, and accordingly may elect, or shall attend his majestie's and the kingdom's commissioners service in parliaments have allowance for their to parliament, charges, his majestie doth therefore, with ad- their vassals vice foresaid, modifie and appoint five pounds excepted. Scots, of daily allowance, to every commis- Commissioner from any shire, including the first and shires last days of the parliament, together with allowed 51. eight days for their coming, and as much for for their their return, from the farthest shires of Caith- charges; ness and Sutherland, and proportionably at nearer distances; and that the whole free- chargeable holders, heritors, and life-renters, holding of the upon the king and prince, shall, according to the propor- holding of the tion of their lands and rents lying within the king or prince, shire, be lyable and oblidged, in the payment to their estates of the said allowance, excepting noblemen and within the their vassals; for payment of which, all exe

sioners of

Scots per diem

heritors, &c.

in proportion

shire:

Charles 2.

Scots act.

and to be levied by horn

as the days of parliament

ed by the clerk

register.
To be in the

cution of horning, poynding, and quartering,

1st Parl. c. 55. is to pass as for raising of the excise, and that according as the time and days of the parliament shall be attested under the clerk regisin, poynding, ter's hand. And because, at this time, some an i quartering commissioners of shires have been put to extraordinary expences in providing of foot-mantles shall be attest for the riding of the parliament, it is hereby statute, that the commissioners shall be relieved of the prices thereof, to be given in relieved of the under their hands, and that the prices of the foot-mantles be raised in the same way, and by the same execution with the daily allowance aforesaid, the commissioners alwayes, at the rising of each parliament, making the footmantles forthcoming to the shire, to be disposed as they shall think fit.

same manner

prices of their foot-mantles.

Which are to coming to the

be made for th

shire at the rising of each parliament.

Preamble.

19

The Scots Stat. of Charles 2. 3d Parliament (1681) c. 21.

Act concerning the Election of Commissioners for Shires.

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"OUR Sovereign lord, considering the great delay in dispatch of public affairs in parliament, "and convention of estates, occasioned by the << controverted elections of commissioners for "shires; For preventing whereof, and for clear"ing the orderly way of election of the said "commissioners in time coming;" therefore his majesty, with advice and consent of his estates of parliament, statutes, and ordains, that none

Scots act.

right to vote

unless infeft in

of old extent

or in lands

rent,

lands or others

apprisers or

the legal re

shall have vote in the elections for commis- Charles 2. sioners for shires or stewartries, which have been 3d Parl. c. 21. in use to be represented in parliament and conventions, but those who at that time shall be None have publicly infeft in property or superiority, and at elections of in possession of a forty shilling land of old commissioners extent, holden of the king or prince distinct property or su from the few-duties in few-lands: or, where periority, and in possession the said old extent appears not, shall be infeft of a 40s. land in lands liable in public burden, for his majesty's (distinct from supplies for four hundred pounds of valued rent, the few-dutics) whether kirk lands now holden of the king, or liable to public other lands holding few waird or blench of his burthens at majesty as king or prince of Scotland; and that 4001. valued apprisers or adjudgers shall have no vote in the whether kirk said elections during the legal reversion; and holden of the that after the expiring thereof the appriser or king or prince; adjudger, first infeft, shall only have vote, and adjudgers have no other appriser or adjudger coming in pari no right during passu till their shares be divided, that the extent version but or valuation thereof may appear; and that, dur- only the reing the legal, the heritor, having right to the re- after its exversion, shall have vote; and likewise proper first infeft wod-setters, having lands of the holding, ex- only; tent, or valuation foresaid; which rights to vote proper wadproceeding upon expired comprising adjudica- intitled. tion, or proper wod-set, shall not be question- No objection of redemption able upon pretence of any order of redemption, of or payment, payment, and satisfaction, unless a decreet of &c. comdeclaratour or voluntar redemption, renounciation, or resignation be produced; and that appacirand heirs being in possession, by virtue of their predecessor's infeftment, of the holding, redemption, extent, and valuation foresaid; and likewise life renters, and husbands for the freeholds of their Apparent wives, or having right to a life-rent by the session are courtesie, if the said life-renters claim their intitled to votes, otherwayes the fiar shall have vote; but

versors;

piration the

setters are

petent against unless a decree

adjudgers, &c.

of declaration or voluntary

&c. be pro

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heirs in pos

vote, also liferenters, and

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