Page:The Laws and Acts of Parliament of Scotland.djvu/458

AlO .: 1 :? G J A M E S THE S E X T perfqiHi_j »n'a,,c; ::>'•, :,":, nlphs, ® ' necejjarios 'ufus , in every Pariih to apply , and all and fundry other things to do and exer'ce , which necefiarily is required for execution of thefe prefents. ACT XXI. Anent difcharging of Caulpes, OUR SOVERAIGNE LORD, and Eftates , underftanding and confidering the great hurt andskaith, which his Majefties Lieges have fuftained thefe many years by-gone, by the Chiefs and Clans within the Highlands and Ifles of this Kingdome , by the unlawful taking from them, their Chil- dren and Executors, after their deceafe, under the name of Caulpes , of their bed aught , whether it be Oxe, Mear, Horfe, or Cow, alledgeing their PredecefTors to have been in pofleffion thereof , for main- taining and defending of them againft, their enemies and evil-willers of old : And not only one of the faids Chiefes of Clans, will be content to uplift his Caulpe , but alfo three or four moe, every one of them will alleadge better right then other : And every one of them after ane other , will uptake die fame, until foure or five feveralGz»^r will be taken from one perfon , howbeit never ane of the faids Clans have right I thereto , or to the lands which the perfons occupies , wherefra the Caulpes are uplifted : And fo fe- vere are they , that every ane of them after ane other , will pull their Horfes and Oxen out of their Plowes and Harrows, in the very time of their greateft bufmefTe and labours: fo that many of his Majefties Sub- ject which of old were inriched with fufncient ftore of goods andBeftial , and thereby made his High- nes, and others having right , thankful payment of their mails , keans, anddueties, indebted by them yearly to his Majeftie , and others having right , are now , by the extortion of the faids Chiefs ofl Clans and others claiming right to the faids Caulpes, and by unlawful raifing and uplifting thereof be- j come depauperate , and unable to pay his Majefty , and others having good right, their juft dueties And feeing there was an Aft made heretofore, in favours of the inhabitants of Galloway, byhisHigh- neffe Predeceffour , King JAMES the fourth , of worthy memory , in his fecond Parliament and eigh- teenth Aft or Chapter thereof : Difcharging the faids Caulpes , and uptaking thereof, in all time com- ming thereafter, under the pain of puniihment , as Reaf, and to bee ane point of Dittay againft them in the Juftice Aire. 6 Therefore O U R faid S O V E R A I G N E L O R D , with advife of the Eftates of this prefent Par, liament, Statutes and Ordaines , that in no time comming none of his Highnes Lieges prefume nor take upon hand, to intromet with nor uplift the faids Caulpes , within any part of this Kingdome under the pain forefaid. ACT XXII. t^Anent the inbringing of c Protocolles. /~UR SOVERAIGNE LORD underftanding that that part of the Aft of Parliament , made Win July, 1587. years,. Aft xlv. Intituled, When, who, aud how , Notarsjbould be admitted, and of their Cautioners , and '"Protocols , Whereby it was Statute and Ordained, that all Protocol-Books of Notars, mould be within fifteen dayes after the deceafe of the Notar, brought in to Edinburgh, and delivered to the Clerk of Regifter * or ane of his Deputes appointed by him forthatefFeft, hath not been put to due execution in time bypaft , wherethrough his Majefties Lieges have fuftained areat hurt and damnage: in fo far as a great part of the Protocols , are vitiate and deftroyed , by ryving out of die leaves forth of the faids Protocols, inferring and writing of falfe inftruments upon the blank paper contained in the fame Protocols: andficklike, by inferting offheetsand quaires of new paper , whereupon inftruments are falfified, by alteration of the dates of inftruments , contained in the faids Protocols and many other- wayes , as hath been divers times exaftly tryed by the Lords of Counfel and Seffion ; and that the delay- ing of the execution of the faid Aft, hath proceeded upon ane ordinance contained therein , of fatisfaftion to be given by the Clerk of Regifter or his Deputes , totherelift, children, or executors of the faids No- tars, for the laid Protocol, whereby the Clerk of Regifter or his Deputes, would be drawn to very great and intollerable charges , in regard of the great number of the faids Books. rJ^ri REF S RE ' andforrem aty thereof, OUR SOVERAIGNE LORD with adivfe fore- ij? ' ,!f? ar g es that P arc of the faid Aft of Parliament, anent any other fatisfaftion to be given to -the re- lief, children, or executors of the Notars already deceafed , or that) fhall happen todeceaie, (except as is hereafter expreffed) & Statutes and Ordaines , that all perfons, alfwel relift, children , executors of whatfoever already departed, or other perfon or perfons whatfoever , havers in their hands , cuftodie , and keeping of any Protocol-Book, of whatfoever Notar already deceafed, as of Notars that lliall happen to deceafe at any time hereafter, mall after the deceafe of the Notar, inking the faids Protocols to Edinburgh, and deliver the fame to the Clerk of Regifter , or his Deputes, to be appointed by him for thateffeft un der the paine of ane hundreth pounds to be incurred by them , who mail happen to be found to con tr*