Page:The Laws and Acts of Parliament of Scotland.djvu/142

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ixz KING JAMES THE FIFTH H X P A R L I A M O F T KING JAMES THE FIFT Halden at Edinburgh, the tenth daye ofT)ecember, the zeire of God, ane thoufand, Jive huu- dreth, andfourtie zeires. 69. The aire may be forefalted for treafon committed be his Tredecejfoure. HE Quhilk day, Maifler Henrie Lander , Advocate to our Soveraine Lord , ex- poned in prefence of the Kingis Grace , and the three Eftaites of Parliament , how that his Grace had raifed fummounds upon the aires of umquhile Robert Lefley , to heare his name and memorie delete and extinct , for certaine poyntes and crimes of I lefe-majeftie , committed and done be him or his deceafe. And therefore all his ' gudes moveable and immoveable , perteining to him the time of the committing of the faide crime, and fenfine, to be decerned to perteine to his Grace: And becaufe > it is murmured, that it is ane noveltie to raife fummoundes, and moove fik ane action Sagainftaneperfonthatisdeade, (howbeit the commoun lawe dire&lie provide the famin:) Neverthelefle for Handling of fik murmure, and that his Grace tendis on na forte to moove or doe ony thing, bot that hee may juftlie bee advifed of the three Eftaites : Therefore de- fired the faid three Eftaites, to advife thereupon , and that his Grace may have fenfemente of Parliaments, quhidder that he hes ane action to perfew fik fummoundes or not. The haill Eftaites, Spiritual, Temporal, and Commiflioners of Burrowes, all in ane voyce, but variance and defcrepance, hes delivered and concluded that his Grace hes gude caufe, and juft action to perfew the faid fummoundes, & all uther fiklike fummoundes of treafon , done and committed againft his perfon, and commoun weill, conforme to the commoun law, gude equitie and reafon : Notvvithftanding there is na fpecial lawe, a&e, nor provifion of the Realme , maid there- upon of before. 70,- THE KINGIS GRACE REVOCATION. E JAMES Be the grace of God, King of Scottes , underftanding clearely the pri- viledge of the commoun Law, a&s and ftatutes of our Realme, provided and given to the Succefioures of all maner of perfones, to revoke, cane, and annull all thinges done be them in their zouthead and lefie age quhair-throw they ar greatlie and heavelie damnaged and skaithed in their heritages , be imprudent alienations , donations , and venditions of the famin : And that they may at their perfite age revoke the famin, and all thinges done be them prejudicial in their minoritie and lefle age: And therefore our Predeceflbures, Kingis of Scotland, at their perfite age of twentie five zeires paft , hes in times by- gane , maid revocation of all fik thinges that hes bene done be them in hurt and detriment of their Crovvne, lands, rents, and polleiliones , perteining to the famin, and uther thinges quhair-intill they, be circumvention, were damnaged and skaithed , maid their revo- cation, cafland and annulland all fik giftes , alienations, and donations : Herefore we at our perfite age of twentie five zeires by-runnin , beand for the time fcorth of our Realme , in the partes of France , maid our general revocation fchortlie at Roan , the thrid day of April/ , die zeir of God , ane thoufand , five hundreth, threttie feven zeires , as at mair length is conteined in ane inftrument maid thereupon , fubfcrived with the hand of Maifter George Cuike Notar publicque : Of the quhilk the tenour followis. Wee for certaine great and reafonable caufes moving us , and havand refpect to the weill of our Crowne, and commoun weill of our Realme , revokis all maner of giftes , infeftmentes , and difpofitiones quhat-funv ever we have maid , or hes bene maid be our Tutoures and Governoures , for the time , during our minoritie and lefle age, in quhat-fum-ever caufe or cafe, that they may cum under revocation , be the commoun law, or confuetude of our Realme: Protefting folemnely, that our abfence foorth of the famin at this time , and the folemnities required on that behalfe , not being done , be to us na prejudice , anentis the faid revocation, with the quhilkis we difpenfe, and fupplies all faultes therewith, be our Kinglie power and authoritie Royal , and will that this ftande for our general Revocation of ail maner thinges done be us, or our faidis Tutoures: And the famin to be extended in the mailt ample and large forme, as ony