Page:The Laws and Acts of Parliament of Scotland.djvu/270

z 4 8 KING JAMES THE S E XT tieiauchfulliefummoned, and not compeirand , is likewife decerned , todefiftandceafefraallfarder mole- ftation, or troubling of the faidis tennentes , for oucht that the faidisLordes then had feene. Be the quhilk decreete , the parties compeirand , lies undoubted richt to the mailles and deuties of the landes , ay , and quhill he be warned at the inftance of the uther party , and better richt fchawen. And becaufe mony zeires , after the giving of the fame decreet , the partie quha was lauchfully fummoned , and be contumacie was ab- fent, hes intended action tor reduction of the faid decreete, from the beginning : And confequently * for compelling of the partie obteiner thereof, to rander and reftore the haill profites of the landes , intromet- ted with be him, of mony zeires, exprefTc againft the provifion of die commoun Law, andgude reafbni; That he quha compeiris and obeyis the Judge, fall be in worfe cafe, nor he quha contemned the Judge- ment , and abfentis him there-fra* For remeid quhairof , It is ftatute and ordained , that quhair-ever the partie not compeirand, is lauchfullie fummoned, and fchewis nocht richt , he fall not be heard to retreat and reduce the faid decreete , nor zit fall be reftored againe to the fame : Except he have an neceflary caufe of his abfence , & nocht compeirance quhen he was fummound, not zit fall have ony action for the by-run profites, intrometted with , be the obteiner of the decreete , fra the obteining thereof. And he quha ob- teinis the faid decreete , fall onely be oblifhed to anfwer the uther partie compleinand in the fecund inftance , according to the richt , quhilk is then competent in his perfon , & quhilk he fall fchaw and produce Valziable to brink f at the time ot his complaint and lute , and na utherwayes. And that this ordour be keeped & ob- ferved> before the Lords of Seffion, & uther Judges, aseffeiris, nocht only in all fik queftions , as may oc- curre hereafter : But als in all matters of the like fort, by-ganc intended, or to be intended , dependant and undecided before the faidis Lords of Seffion, and uther Judges ordinar. It is alwayes provided, that gif the partie called, and not compeirand , in the firft inftance be minor , and have tutours and curators, he fall have his action for his damnage and intcreft fufteined be him , throw his non-compcirance , againft his tutours and curatours allanerly. And gif the perfone being minor, having na tutour nor curatours , fall, have their remeid to be leftored.gi integrum, as accordis of the Law , upon reafonable caufe pro- poned to that effect. a. Writtes ordained to be regiftr at , neceffarly Juld nocht be fealed. Infirumentescffeafing ar valide , albeit they be nocht fubferibed be twa Not arcs. TH E Kingis Majeftie , with advife of the three Eftaites of this prefent Parliament , exponis and dedans, that the act anent the fealing of writtes of importance, isnochttobeunderftand of fik writtes, contra* ctes, or obligations , as ar be the parties agreed upon, toberegiftratinthe buikesof our Soveraine Lordis Councell: or uther ordinar Judges, feeing the parties confents to regiftrat the fame. Quhilk is ane greater folemne Act , nor the fealling thereof. And that the non-fealing ot the fame , fall be na exception againft the validitie of the faidis writtes, being fubferibed be the parties, and agreed on, to be regiftrar , as faid is. Quhilkis his Majeftie and Eftaites forefaidis , decernis to neede na fealles. Neither that the faid aft , anent the faidis writtes , to be fubferibed be twa Notaris , fall be extended to inftrumentes of feafing , quhair-unto anefaithfullNotar, with ane reafonable number ofhoneft and famous witnefies is fufficierit. And this de- claration to be obferved as ane Law , in all times cumming. 5 . The eaters ojflejh in forbidden times , fuld bepunifched be ejeheiiting of 'their guddes. IT IS ftatute and ordained be our Soveraine Lord , with advife of his three Eftaites, that namaner of per- fon nor perfons his fubjectes , of quhat Eftaite, degree or condition that ever they be of , fall prefume or £ak upon hand, to eate ony maneroffleth in time cumming, on Wednif-day , Friday, or Sette-rday , or in the time of Lentron , under the paine ot confifcation of all their moveable guddes to our Soveraine Lords ufe , &'. that his Majefties 1 hefaurer , caufe inquire , fearch and feeke , the contravenares of this prefent act , call & accufe them therefore : And they being convict, to arreift and uplift the faid paine upon diem, with all rigour , in exemple of utheris. 6. IDiJfolution of annexed landes. FORSAMEIKLE As in auncient times , our Soveraine Lordis maift Noble Progenitoures , with con- fent of the three Eftaites of Parliament , have judged it maift convenient fot the weill of the Realme , that every Free-halder, Spirituall and Temporal! , uild fett their landes in few: And that our faid So- veraine Lordis Predeceffbures , of maift noble memorie, being for the time, be fetting of their landes, alf- weill annexed , as un-annexedinfew-ferme, fuld give exemple to his free-haldcrs to do the like. And to that effect in diverfe Parliamentes , haldenin the dayes of our Soveraine Lordis Progenitoures forefaidis, The annexation and union of landes to the Crown , werediffblved, and now our Soveraine Lord , fcllow- and the tread of his faidis Predecefloures , for the great defire quhilk his Hienes hes , that policie fuld increafe within his Realme, hes be the advife of his faidis three Eftaites in Parliament, diilolvcd, and be the tenour of thir prefentes diflblvis , the union and annexation , of quhat-fumever Landes, Lord-fchippes, Barronnies , milnes , miltures , fifchinges, maid to the Crown , in this Parliament halden in his awin time, or in the dayes of quhat-fumever his Hienes maift Noble Progenitours ; 1 o the effect that the famrn Landed