Page:The Laws and Acts of Parliament of Scotland.djvu/121

SEXT PARLIAMENT. XI. of March. 1703. ioi 7 7 . tyfnent the exceptions proponed anent Widowes , In hindring of them of their teirces. ITEM, It is ftatute and ordained , anent the exceptions proponed againft Widowes , perfewand and foilowand their brieves of teirce , or the profke of their teirce , quhilk is oft-times proponed againft thay Widowes , that they were not lauchfull wives to the perfones their husbandes , be quhome they follow their faid teirce : That therefore , quhair the matrimonie was not accufed in their life-times , and that the woman askand this teirce, beand repute and halden , as his lauchfull wife in his life-time , fall be teirced , andbruik her teirce, but ony impediment or exceptions to be proponed againft her , ay and quhill it be clearely decern- ed , and fentence given , that fch© was not his lauchfull wite , and that fqho fuld not have ane lauch- full teirce therefore. 78, That all Free-halders , within ane hundreth markes of extent find their Trocura- toures to the Parliament. ITEM, It is ftatute and ordained, thatfrathine-foordi, naBarronne, Free-halder, nor Vaflal, quhilk ar within ane hundreth markes of this extent, that now is, be compelled to cum personally to the Parlia- mente , bot gif it be that our Soverainc Lorde write fpecially for them : And fa not to be unlawed for their prefence, and they fend their procuratours to anfwere for them, with the Barronnes of the Schire , or the maift famous perions. And all that ar abone the extent of ane hundreth markes , to cum to die Par- liament, under the paine of the auld unlaw. 79. That all our Sever aine Lordis Lieges be ruled be his Lawes. ITEM, It is ftatute and ordained, diat all our Soveraine Lordis Lieges beand under his obey fance , and in fpecial the lies , be ruled be our Soverainc Lordis awin Laves , and the commoun lawes ol the Realme, and be nane uther Lawes. 80. That all officiares within Burgh be changed zeirly. TTEM, That all Officiares, Proveftes, Baillies , and uthers havand office of jurifdiction within Burrowe-s, _|_ be changed zeirly , and that nane have jurifdiclion w ithin Burgh , bot gif they ufe merchandice within the faid Burgh. 81. That na ^Merchandes per Jew ane uther m partes bezond Sea, before ony Judge, bot the Confervatour. ITEM, It is ftatute and ordained , for the wei 11 of Merchandice, and for the greate exorbitant expenfeS, maid be them upon pleyes in the partes bezond Sea -. That therefore the Confervatour of this Realme have jurifdi&ion to dojufticeamang the faidis Merchandes, OUR SOVERAINE LORDIS lieges, that is to fay, betuixt merchande and merchande in thay partes bezond Sea. And that the faid Coniervatour proceed not upon ony maters , bot gif they be vj. of the beft and honeftcft merchandes of maift knawledge of the Realme , diat fall fit and have power widi him , gif fa mony may be gotten. And gif there be not to the number of vj. that there fit iiij. Merchandes widi him attheleaft, that fall have fiklike power with him to minifter juftice , and that na Merchand perfew an other before ane uther judge bezond the Sea , nor do in contrairthisacte, under the paine of five pound, to be payed to the King of the perfewer , and payment of the expenfes , to the partie perfe wed. 8z. That the Confervatour of Scotland , cumhame zeirly, orfendaneTrocuratour. ITEM, It is ftatute and ordained, that tLje Confervatour of Scotland, cum zeirly hame , orfendeane refponfal procuratour for him zeirly , that fall anfwere to everie ilk man upon all thinges, that they have to fay to him for all maters , and make certification to the King or his Councel , of the fending of the iaide pro curatoures , and that under the paine of tinfel of his office, and payment of twentie pound great to the King. I 83. That na mere at nor Faires be halden upon Halie-daies , nor in Kirk, nor m Kirk-zairdes. T E M , It is ftatute and ordained, there be na mercat, nor Faires halden upon Halie-daies , nor zit within Kirkes , nor Kirk-zairdes , upon Halie-daies, nor uther daies, under the paine of efcheit of the gudes. 84. That ^Merchandes and Burrowes bruik their auldpriviledges. ITEM, It is ftatute and ordained, that all the merchandes of the Realme and die Burrowes , bruike, and have their aulde priviledges and freedomes, granted, and given to them be our Soveraine Lordis ProgcnitouresofmaiftNobleminde, be obferved and keipedto them , and that na perfones dwelland out- R 3 with