And als the Over-lord sall receive the creditour or ony uther byer, tennent till him, payand to the Over-lord a zeires maill, as the land is set for the time. And failzieing thereof, that he take the said land till himselfe, and under-gang the debtes.22 18. That the Kingis Rolles and Register be put in buikes. ITEM, It is thocht expedient, that the Kingis Rolles and Register be put in buikes, and have sik strength as the Rolles had of before.23 ITEM, It is statute and ordained anent the briefe of Tutorie, that it be understanding in time cumming, that he that is nearest Agnat, and of twentie five zeires of age, fulfilling the lave of the poyntes of the briefe, sall be lauchfull tutour, suppose the childe that happenis to be in tutorie, have ane zounger brother or sister, Notwithstanding that the agnat is not immediat to succede to the childe, because of zounger Brother and sisters. 8. Anent airship of moveable gudes of Barronnes. ITEM, Anent the airship of moveable gudes, that the aires of Baronnes, Gentle-men, and Free-halders sall have: It is statute and ordained, that the saidis aires sall have the best of ilka thing, and after the statute of the Burrow Lawes, and as is conteined in the samin.24 9. Prescription of Obligations. ITEM, Anentis the acte maid of before of prescription of Obligationes: It is ordained to be understandin in this wise, that all auld Obligations maid of before, that is elder then the dait of fourtie zeires, not dependant in the Law, in the time of the making of the said actes, sall be pescribed, and of na strength: and in likewise in time to cum, all Obligationes maid, or to be maid, that beis not followed within fourtie zeires, sall prescrive, and be of nane availe.25 22 The first part of this act, viz. that which relates to the use of diligence at the instance of Creditors of the Landlord against his Tenants, appears to be now in desuetude. See Erskine, b. iii. tit. vi. § 22. The second part of the act is the foundation of the old Scottish process of apprizing land for debt, which is now superseded by the modern process of adjudication. See 1672, ch. 45. The concluding enactment, which states the terms on which a superior is bound to enter an appriser, is still in force as applicable to adjudgers under the said act of 1672. See Erskine, b. ii. tit. vii. § 7 and 8. As to this act in general, see Sir George Mackenzie's Observations, p. 70, et seq. 23 In reference to this act, Sir George Mackenzie, in his Observations, says, that in order to understand it, "its fit to know, that both in Parliament and Exchequer there were no registers but rolls. And by this act the rolls are ordained to be turned into books, and these books are declared to be as authentic as their originals, and the clerk is yet designed Clerk of the Council Register and Rolls." 24 For a commentary on this act, see Erskine, b. iii. tit. viii. § 17, et seq. 25 The act here referred to is 1469, ch. 4, which see, and note thereon. 10. The Retour suld conteine the auld and new extent. ITEM, Anent the brieves of inquest to be served in time to cum: It is statute and ordained, that it be answered in the retour, quhat the land was of availe of the auld, and the very availe that it was woorth, and gives the day of the serving of the said brieve.26 13. The Over-Lord not entrand to the superioritie, tinis the samin, and satisfies the partie. ITEM, It is statute and ordained anent Over-lords, that in defraud and skaith of their vassalles and tennentes, differris to enter to their landes & superiorities, that in time to cum, the saids over-lords sall enter to their lands & superiorites, & do their diligence thereto, but fraud or gile within fourtie daies, after that they be required be their vassalles or tennentes. The quhilk gif they do not, the saidis vassalles or tennentes incontinent thereafter to be entred be the King, or the Overlorde, that the superiorities ar halden of, and hald of him, and the other Over-lorde, that fraudfully differris his entrie, to tyne the tennent for his life-time, and assith the partie of his coastes and skaithes, that sall be susteined throw him, in default of his entrie.27 15. The unlaw of stealing of haulkes, houndes pertrickes and Dukes. ITEM, Anent the eschewing of great trouble, discord, and divers inconvenientes that may cum, anente the stealing of Haulkes and Houndes: It is statute and ordained, that in time cumming, na maner of persons take ane uther mans hounds, nor haulkes, maid or wilde, out of nestes, nor egges out of nestes, within ane uther mannis ground, but licence of the Lord, under the paine of ten poundes. And in likewise that na egges be tane out of the Pertrickes, nor wild-duik-nestes, under the paine of fourtie shillinges. And this to be a poynt of dittay in time to cum.28 16. Of Daes and Raes, hunting of Deares, and taking of Cunninges. ITEM, That na man slaie Daes nor Raes, nor Deare in time of storme, or snaw, or slaie onie of their Kiddes, quhil they be ane zeir auld, under the paine of x. punds: And it to be a point of dittay. And in likewise that na man hunte, schutte, nor slaie Deare nor Raes in utheris closes or Parkes, or take out Cunninges out of uthers Cunningaires, or ony foules of utheris Dowcattes, or fish out of utheris puiles or stanckes, but special licence of the awners, under the paine of dittay, and to be punished as thieft.29 26 For an explanation of this statute, and of the manner in which the old and new extents are proved, see Stair, b. iii. tit. v. § 38. Erskine, b. ii. tit. v. § 29, et seq. Juridical Styles, vol. i. p. 382, et seq. 27 This act is the authority for the special charge and summons of declarator of tinsel of superiority now in use. See Erskine, b. iii. tit. viii, § 80, and Juridical Styles, vol. iii. p. 182. 28 In reference to this act, see Hume on Crimes, vol. i. p. 82. 29 In reference to this act, which was ratified by 1535, ch. 10, see Hume on Crimes, vol. i. p. 82. APUD EDINBURGH, XX DIE NOVEMBRIS A.D. M,CCCC,LXXV. 4. Anent false assisors in criminal causes. Of ane great assise. ITEM, As tuitching the reformation of false assise, passand upon criminal actions before our Soveraine Lordis Justice, Schireffes, or uther Officers: It is statute and ordained, conforme to the Kings Lawes, De pœna temerè jurantium super assisam, That quhair indited persons are schawin before the assise, in the accusation of a trespassour, notour, or manifest knawledge beand of the trespassour, & it happin the persons that passis on the assise, wilfully be favours or partial meanes, to acquite the trespassour, or trespassoures, in that case it sall be liefful to the King and his Councel to call the assise, & inquire at them, gif they concord all in a voyce, or how mony said all in a voyce, and how mony said ane uther way. And they that ar suspect De temerario juramento, sall be accused before the King & his Justice, quhat day & place, that it pleasis his hienesse. And gif thay persones pleasis to graunt their fault and temerarium perjurium, to be punished therefore, after the forme of the aulde lawe. And gif they deny or makis excusation thereof be ignorance, the King or his Councel sall give them ane great assise of xxv. Noble persones, and schaw to that assise the evidents or notour knawledge of the trespasse, in sa far as was schawen to the first assise. And thereafter gif it beis foundin that the first assise acquit the trespassours be temeraritie, or wilfully be favoures or partialitie: Sa mony as beis convict of that cryme, to be punished after the forme of the auld lawes, conteined in the buik of Regiam Majestatem. Neverthelesse the persones that happenis to be accused of the trespasse, outher to be convict, or maid quite, after the forme of the first deliverance, and the false assise to be punished, as said is.30 8. Anent the brieve of Idiotrie and furiositie. ITEM, It is statute & ordained, that sen there is a brieve of our Soverain Lordis Chapel maid and ordained for the safetie of alienation of Lordes and Barronnes landes, throw idiotes and natural fules, furious and wood-men the time of their folly, the quhilkis brieves savis not the alienation, bot allanerly fra the time of the serving of the saidis brieves, and remeids it not, that is done of before, in case it be done in the time of the folly or furiositie, albeit he be als great a fule and furious before, as after: It is statute and ordained therefore in time to cum, the said brieve be reformed, & an clause put theirin, to inquire of the foly & furiositie, and how lang time he was of thay conditions. And fra it be knawin be the inquest, that the persones be fules or furious, the time thereof, the alienation maid be him, after the time that the inquest findis that he was outher fule or furious, sall be of nane availe, bot retreated, and brocht againe till him, alsweil as the alienation maid after the serving of the said brieve.31 30 In reference to this act, which may now be considered obsolete, see Sir George Mackenzie's Observations, p. 80. Sir George considered the act " in observance" in his time. See also Hume on Crimes, vol. i. p. 413, et seq. See also this act as printed in Mr Thomson's edition of the Scots Acts, vol. ii. p. 111, in which several words differ from the above. In reference to this act, see Erskine, b. i. tit. vii. § 48, et seq., and Juridical Styles, vol. i. p. 426, et seq. APUD EDINBURGH, I DIE JUNII, A.D. M,CCCC,LXXVIII. 6. Anent Cruves. ITEM, It is statute & ordained, that the acte maid of before, be King James the First, anent cruves set in waters, be observed & keiped. The quhilk beiris in effect, that all cruves set in waters, quhair the Sea fillis & ebbis, destroyis the Frye of all fisches, be put away & destroyed for ever mair: notwithstanding ony fredome or priviledge given in the contrair, under the pain of five pund of ilk cruve: And that they that hes cruves in fresh waters, that they gar keip the lawes anent Satterdaies slop, & suffer them not to stand in forbidden time, under the samin paine. And that ilk heck of the said cruves be three inch wide, as the auld statute requiris, maid be King David, & that the mid streme be left free be the space of sex fute. And that it sall be a poynt of dittay, baith of them that dois the contrair, or garris be done : & quha that beis convict thereof, to pay 5. pund, as said is.32 11. Of schoing of horse in the quick be smiths. ITEM, Because ignorant Smithes throw ignorance or drunkennesse spillis and cruikis mennis Horse, schoing in the quick: It is statute and ordained, that quhen ever a Smith schois a mannis Horse in the quick, that Smith sall make and pay the coast of the horse, quhill he be haill, and in the meane time finde the man ane Horse to ryde upon, and do his labour, quhill the said horse be haill. And gif the said horse cruikis throw the said schoing, and will not haill, the smith sall hald the said horse himselfe, and pay the price of the horse to the man that awe him.33 APUD EDINBURGH, XVIII DIE MARTII, A.D. M,CCCC,LXXXI. 14. Ane woman conjunct fear makand faith that scho sall never cum against the Alienation theireof, sall nocht be hearde afterwardes to impugne the said Alienation. Memorandum, The sext day of March, the zeir of God, 1481 zeires, Robert Danielstoun was persewed be a woman called Glen, before the Lordes of Councel, and scho wald have cummin against her aith, that scho maid in judgement before the Official of Glasgow, and there was schawin ane Instrument under the seale of the said Official, that scho consented to the alienation of sik landes, and swore that scho suld never cum in the contrair hereof, and wauld have the saidis landes, alleageand 32 The first part of this act is in force. The 9th George IV. ch. 39, § 7, augments the penalty of L.5 Scots to any sum between L.5 Sterling and L.20 Sterling, at the discretion of the Judge. See Note affixed to 1424, ch. 12, which is the act here made perpetual. The part of this act which relates to the mid-stream is in desuetude. See Stair, b. ii. tit. iii. § 70, and Barclay v. Scott, 18th March 1684, M. 14,286. 33 This statute proceeds on the general principle of law now in operation, which fixes responsibility on persons undertaking any employment, either mechanical or professional. that it was her conjunct-feftment, and maid revocation after her husbandis decease, sayand that he compelled her thereto. The action was delivered against this woman.34 APUD EDINBURGH, I DIE OCTOBRIS, A.D. M,CCCC,LXXXVII. 6. Of the keiping of arreisted trespassoures. ITEM, It is thought expedient, statute and ordained, for the punition & justifieing of sik trespassours as hes bene in times by-gane, after that they were taken and arreisted be the Crowners, and in default that they could finde na borrowes, nor there was na Castel to receive and keepe them in, quhill the Justice Aire, and their-throw escaiped and was put fra the Law: That therefore in time to cum, quhair onie Crowner arreistis and takis sik trespassoures, he sall bring them to the Schireffe of the Schire, quhilk Schireffe sall receive them, and keepe them in suretie and firmance on OUR SOVERAINE LORDIS expenses quhair it failzies of their awin gudes, quhill the nixt Justice Aire, and then presente them to the Justice. The quhilk Schireffe sall have allowed to him in the Checker, for the expenses, that he makis in the keiping of thay persones, that beis delivered to him be the Crowner, for ilk person three pennies on the day, he bringand a testimonial to the Checker fra the justice under his seale, of the persones, that he bringis to the justice aire, & how lang time, and quhat dayes he keiped them. Upon the quhilk time and daies the justice sall take certification & proofe in the aire, quhat time the Crowner delivered them, & how lang the Schireffe keiped them. And gif the Schireffe refusis to receive the persone or persones that sall be brocht to him be the Crowner, as said is, he sall underly the danger and unlaw of the Justice aire to the fourt court, as ane borgh suld do, for fault of entrie of a person arreisted, the Crowner prievand, that he brocht sik persones to the Schireffe, and required him to receive them, as said is.35 13. That Craftes-men usand merchandice renunce their Craft. ITEM, It is statute and ordained, that the acte of Parliament, touching the Craftes-men usand and dealand with merchandice, micht be put to execution, sa that he that is a Craftes-man, outher for-beare his merchandice, or else renunce his Craft, but ony dissimulation or cullour, under the paine of escheit of the merchandice, that he usis occupyand his Craft, and this escheit to be in-brocht be the said searchoures to our Soverain Lordis use, and compt thereof to be maid in the Checker.36 to 17. That Commissares of Burrowes compeir togidder anis in the zeir in Innerkething. ITEM, It is statute and ordained be the haill three Estaites, that zeirly in time certaine Commissares of all Burrowes, baith South and North, conveene cum, 34 This act establishes the law respecting the effect of ratifications executed by married women. See Erskine, b. i. tit. vi. § 33, et seq. 35 In reference to this act, see Commissioners of Supply of Wigtonshire v. Officers of State, 5th June 1827, 5 S. & D. 36 See note annexed to 1466, ch. 2, which is here confirmed. |