ACTA PARLIAMENTORUM MARIE REGINÆ. APUD EDINBURGH, I DIE FEBRUARII, A.D. M,D,LI. 11. Anent them that maries twa wives or husbandes. ITEM, It is statute and ordained, that quhat-sum-ever person maries twa sindrie wives, or women maries twa sindrie husbandes, livand togidder un-divorced lauchfullie, contrair the aith and promise maid at the solemnization and contracting of the matrimonie, and swa ar of the Law perjured & infamous: Therefore, that the paines of perjuring be execute upon them with all rigour: That is to say, confiscation of all their gudes moveable, warding of their persones for zeir and day, and langer in-during the Queenis will, and as infamous persons, never able to bruik office, honour, dignitie, nor benefice in time to-cum.66 12. Anent Adulterers. ITEM, Anent persones that ar maried, & ar open, manifest, commoun and incorrigible adulterers, and will not desist and cease therefra, for feare of ony Spiritual jurisdiction, or Censures of halie Kirk, to the greate perrel of their awin saules : Therefore it is statute and ordained, in this present Parliamente, that all sik incorrigibil adulterers, after that the processe of halie Kirk, sa far as the samin may extend to, be used upon them for their inobedience and contemption, be denunced our Soveraine Ladies rebelles, and put to the horne, and all their moveable &c. And swa na appellation interponed fra the said Censures of halie Kirk, to suspend the horning.67 17. The paine of false Notars, users of falsed. ITEM, It is statute and ordained be the Lord Governour, with advise of the three Estaites of Parliament, that the actes and statutes maid of before, against false Notars and witnesse, corrupters and seduceres of them in writ, Temporal or Spiritual courtes, to bee observed and keiped in all poyntes, and ratifies and apprievis the samin of new, with this addition : That all sik persones sall be punished in their persones and gudes with all rigour: Videlicet, prescription, banishing and dis-membring of hande or toung, and uthers paines, provided be the disposition of 66 In reference to this act, see Hume, vol. i. p. 459, et seq. 67 This act was confirmed and the crime made capital by 1563, c. 10. See Hume, vol. i. p. 454. the commoun Law, baith Cannon, Civil, and statutes of the Realme. And this acte to be extended to all maner of evidentes, actes, obligations, acquittances, or uthers writings quhat-sumever, and the makers, feinziears, users, seducers, corrupters, and falsars thereof, alsweill as to false instrumentes.68 APUD EDINBURGH, XX DIE JUNII, A.D. M,D,LV. 3. Anent warning fra redeemed landes, and the paine for none-removeing. ITEM, In likewise it is statute and ordained, that gif ony persones havand richt be reversion to redeeme lands, or uther possessions, makis, or causis make lauchful warning to all parties, fra quhom the saids lands or uther possessiones aucht and sulde be redeemed, to compeir at ane certaine day, in the place named in the said reversion, for receiving of the summes of money and tackes, gif ony be specified therein, and at the day warned, fulfilling all thinges, as accordis, conforme to the reversion for his parte, gif the parties warned, as said is, compeiris, and refusis to graunt the saidis landes or possessiones lauchfullie redeemed, or absentis themselves, gif there be na tackes to run, after the redemption of the landes or possessiones, or the tackes being run out, the haver of the richt to the reversion, causand lauchful warning to be maid to the parties foresaidis, and all uthers occupyars, before ony Whitsunday terme, after the redemption, to flit and remove fra the saidis landes and possessiones, the redemption in maner abone specified, being foundin lauchful, and the landes be vertew thereof, decerned lauchfullie redeemed: In that case the parties quha suld have granted the redemption of the saidis landes refused and absented, sall be called as violent possessoures thereof, fra the terme of Whitsunday, before the quhilk lauchful warning was maid to remove, as said is, sik-like as the lands and possessiones had been granted lauchfullie redeemed the day of the redemption.69 4. Ane man-slayer may be relaxed upon caution, to ane certane day: And being thereafter denunced Rebel, the daies of Relaxation, ar esteemed dayes of rebellion. ITEM, It is statute and ordained, that gif ony person or persones slayis ane uther, the person being charged to find soverty within sex daies, and findis not the samin, or sovertie being foundin, compeiris not at the day, and swa he be put to the horne, and ony time thereafter within zeir and day, he offerris of new to underly the Law, and to finde sovertie thereupon the paines sall be double sovertie being foundin, and hee relaxed. And gif he compeiris not at that day, and of new beis denunced rebel, his relaxation maid and given, be vertue of the last sovertie foundin, sall na-waies helpe him anent the tinsel of the life-rent of his landes, bot he sall tine the samin, as he had not beene relaxed fra the first horning: And this to be extended to all relaxationes maid within zeir and daye, after the first horning, and to airt and pairt of the slauchter, with the paines ay doubled: And attour, all alienationes, contracts, obligations, and uther thinges quhatsumever, that sall be 68 The punishment of dismemberment of hand or tongue has been discontinued. See Hume, vol. i. p. 137, et seq. 69 In reference to the subject of this act, see Erskine, b. ii. t. viii. § 16, et seq., and Ross's Lectures, vol. ii. p. 357, et seq. re done be him, to be null and of nane availe in the selfe, without ony processe of duction, during the time of his relaxation upon his soverties, foundin after the first horning Swa that hee compeir not at the day, and enter to the quhilk he findis soverties: sik-like as and he had annalied, contracted, oblished, or done uther thinges, beand Rebel, and at the horne. And this act to be extended in the favoures of uthers superioures, als weil as unto the Queenis Grace. And gif it happenis ony person or persones, committers of slauchters, for none-finding of soverties, or sovertie being foundin, for none-compeirance, beis denunced Rebelles, and put to the horne, and thereafter passis to Girth, and offers to finde sovertie to abide the Lawe, for the fore-thocht-fellony: In that case sovertie being foundin, and they compeirand at the day, and acquite of the fore-thocht fellony, to be restored againe to the Girth, and the act foresaide to have na place against them, bot upon the second horning.70 6. The ordour for summoning of parties to compeir before the Justice, or uthers Judges. ITEM, It is statute and ordained, that ony person summound to compeare before the Justice, his deputes, or uthers judges within this Realme, havand power of Justiciarie in criminal causes: The copie of the saidis letters or precept, quhairby hee is summound, sall be delivered to him, gif he can be personallie apprehended, and failzieing thereof, sall be delivered to his wife or servands, or affixed upon the zet of his dwelling place, gif he ony hes, and thereafter open proclamation being maid at the head Burgh of the Schire, ane uther copie to be affixed upon the mercat croce, Providing alwayes, that gif there be maa persons nor twa conteined in the letter, being all called upon ane deede and crime: In that case, twa copies to be delivered to twa of the principal named in the saidis letters, or then given to their wives or servandes, or affixed upon their zettes or dwelling places, gif they ony have, and ane copie left & affixed upon the mercat croce, quhair the publication is maid, to be sufficient to the haill persones, quhat-sum-ever they bee conteined in the saidis letters.71 7. Anent giving of saisinges upon precepts of Chancellerie. ITEM, For-sa-meikle, as in umquhile our Soveraine Lordis time, that last deceased, It was statute and ordained, that all saisinges quhilkis passis upon precepts of the Chancellarie, to be given be the Schireffe Clerke, or his deputes: Sen the quhilk acte, there is be occasion of weir and great troubles, diverse saisinges given be uthers Notars, upon precepts past foorth of the said Chancellarie: Therefore the three Estaites of Parliamente, dispensis with that fault of all saisinges, given be uthers Notars, sen the making of the foresaid acte, and ordainis the said acte to be published, and have effect in time cumming, with this addition: That upon all precepts past foorth of the Chancellarie, the Schireffe, Steward or Baillie, alsweil the Regalitie, as Royaltie, or their deputes, sall be required to passe to give saising with the Schireffe Clerke and his Deputes: And gif the Steward, Baillie, or their deputes refusis to passe and give saising, then the partie haver of that Though this act runs only 70 Sir George Mackenzie in his Observations, p. 154, says, 71 The first part of this act is in force. See Hume, vol. ii. p. 243, et seq. Indictments are now served on every pannel, and not merely on the two principal pannels, when there are more than two persons accused. C precept to put ony uther Baillie to give saising, as he sall think maist expedient.72 8. Anent the ordour for giving of curatoures to Minors. ITEM, Because it is understandin, that be the giving of curatoures to Minores bee sindrie Judges, there hes bene great skaith susteined be the saidis Minores: Therefore it is statute and ordained, that in all times cumming, quhen onie Minor passis the zeires of his Tutorie, and desiris Curatoures: That he cum before his judge Ordinar, and desire of him ane summounds or edict, to warne twa, at the least, of the maist honest and famous of the Minor's kin, and all uthers havand interesse, quhilk sall be warned lauchfullie: That is to say, the special persones personallie, or at their dwelling places, givand ane copie to their wives or servandes, or affixand it on their zettes or dures, and uthers havand interesse generallie at the mercat croce of the head Burgh of the Schire, quhair the saidis Minores hes their landes or gudes, to compeir at ane certaine daye, upon nine dayes warning at the least, to heare and see the Curatoures desired be the said Minor, to be given to him unto his perfite age of twentie ane zeires, and caution foundin, de fideli administratione, quhilkis beand given in maner foresaide, they sall not be revoked nor disharged, nor uthers chosen to the Minor, unto the time they be called before the Lordes of Councel, or uthers judges Ordinar, at the will of the bairne, to heare and see them discharged, and revoked for reasonable causes: Quhilkis being foundin of veritie, they then to be discharged, and uthers curatoures given in their places be the ordour foresaid, with caution, and na uther-wise.73 11. The procuratorie and instrument of resignation suld be sealed and subscrived. ITEM, It is statute and ordained, that all resignationes to be maid be vassalles in time to cum, of their properties in the Superiours hands, ad perpetuam remanentiam, beand maid be procuratorie, the said procuratorie sall be sealed and subscrived be the vassalles handes: And gif hee cannot write, to be subscrived with his hande at the pen, led be ane authentick Notar, and sealed, as said is. And gif the said resignation beis maid be the vassal personallie, ad perpetuam remanentiam, that the instrument thereof bee sealed with the seale of the resignar, and subscrived with his hand: And gif he cannot write, to be subscrived with his hand at the pen, led be ane Notar in maner foresaid, and na resignation ad perpetuam remanentiam, to have faith in time to cum, utherwaies then is abone specified.74 12. Anent the warning of tennentes. ITEM, It is statute and ordained, that in all times cumming, the warning of all tennentes and uthers, to flit & remove fra lands, milnes, fishinges and posses 72 In reference to this act, see 1606, ch. 14, and 1540, ch. 12, herein referred to. See also Erskine, b. ii. tit. iii. § 37. 73 It was decided in the case of Wallace, 29th July 1674, M. 16,290, that it behoves two of the next of kin to be cited on the father's side, and two on the mother's. See Erskine, b. i. tit. vii. § 11. 74 Procuratories of Resignation ad remanentiam must now be executed in the same manner, and with the same formalities as dispositions of heritage; but this act is still the rule for requiring, that where resignation is made propriis manibus of the resigner without any procuratory, the instrument of resignation ad remanentiam must be signed by him as well as the notary. See Erskine, b. ii. tit. vii. § 20. siones quhat-sum-ever, sall be used in maner following: That is to say, lauchful warning being maid ony time within the zeir, fourtie dayes before the feast of Whitsunday, outher personally or at their dwelling places, and at the ground of the landes, and ane copie delivered to the wife or servandes, and failzieing thereof, to be affixed upon the zettes or dures of the dwelling places of the saidis landes, gif onie be, and thereafter the samin precept of warning to bee red in the Paroch Kirk, quhair the landes lyis, upon ane Sabboth daye before noone, the time of Preaching or Prayers: And ane copie left and affixed upon the maist patent dure of the Kirk, fourtie dayes before the terme, and na furder laying foorth of stresses, and remooveing upon Wednesday, to be used in time to cum. And gif the partie warned, in maner foresaid, removis not at the terme, in that case, the warner sall incontinent, or sa soone as pleasis him, cum to the Lordes of Councel, or to the Schireffe of the Schire, or uthers Judges, Ordinares, havand jurisdicton, schawand his precept of warning, ordourlie execute and indorsate, and sall have letters or precept to charge the parties warned and possessoures of that ground, to compeir before the saidis Lordes, Schireffes or their deputes, or uthers judges Ordinares foresaidis, havand Jurisdiction, upon sex dayes warning, or langer, at the will and desire of the persewar, to heare and see them decerned to remoove, desist and cease, conforme to the precept of warning and execution thereof, or else to schaw ane reasonable cause, quhy they suld not do the samin, with certification to them and they failzie, that letters sall be direct simpliciter upon them in the said mater: At the quhilk day, gif they compeir not, the Lordes, Schireffes, or uther Judges Ordinar havand jurisdiction, sall decerne them to remove, desist and cease fra the landes: And gif they compeir and instantlie schawis sufficient title to bruik the landes: In that case, the samin judge to proceede and do Justice, as accordis of the Lawe: And gif the partie compeiris and schawis na thing, bot makis alleageance, and offers him to improove the indorsation: In that case he sall not be heard in judgement, bot gif he finde sufficient caution to the warner then instantlie, that gif his allegeance being foundin relevant, be not sufficientlie verified and prooven be him, that the profites, damnage, and interest, quhilkis the said warner or ony uthers havand interest, hes susteined, or sall happen to susteine, be the delay of the foresaide alleageance, be refounded to him: And to the effect that this ordour may have sufficient processe in all times to-cum; It is devised, statute and ordained, that all Schireffes, and uthers judges Ordinar, havand jurisdiction, as said is, be their selves, or their sufficient deputes, bee reddie to sit be fensed courtes, all the lauchfull fifteene dayes after immediatlie the feast of Trinitie Sunday, for doing of Justice in the saidis causes, in maner abone specified: And gif the Schireffes or judges Ordinares, havand jurisdiction in maner foresaid, and their deputes failzies, to be reddie in granting of precepts, and doing of Justice for observing of this ordour: In that case, they sall pay to the partie their haill damnage, interesse and expenses, but prejudice of the action, against the violent occupyars and possessoures foresaidis. Advocation of causes.— —AND Als, that na Advocation of causes be taken be the Lords fra the judge Ordinar, except it be for deadlie feede, or the Schireffe principal, or the judge Ordinar be partie, or the causes of the Lords of Councel, and their Advocates, Scribes and members.75 75 This act, so far as it respects removings, is almost totally superseded in practice by the form of process in removings, established by A. S. 14th December 1756. With respect to the last enactment contained in this act, Sir George Mackenzie, in his Observations re |