Page:The Laws and Acts of Parliament of Scotland.djvu/378

35 6 KING JAMES THE S E X T richtes and tides quhat-funvever , quhairby they claime richt and title to ony parte of the landes or fifhinges. with in die boundes forefaidis : And then thereafter finde fufficient caution , acTed in the buikes of Checker: For zeirlie and thankfull payment to his Majeftie , of his zeirlie rentes , dewties , and fervice addebted be them , foorth of the landes , poflefled and occupied bee them , or ony in their names : And that they them- felvcs, men, tcnnentes, fervandes, and dependares , fall bee anlwerabie to his Hienefle Lawes and Ju- itices : And that they, nor nane of them , fall doe injurie to ony utheris his Hienefle Lieges , in their perfones or guddes , quhafali happen to repaire and travell within the faidis bounds, for their lauchfull traf- ficque within the famin: And that they, and every ane of them , fall make redrefie to all parties , skaithed andhurte, or to be skaithed and hurte bee them, in time cumming, under fikpaines as it fall pleafe the faidis Lordes of Checker to modific, by reparation ol the skaithe to the parties, that fufteined the famin: With certification to them, and ilk ane of them, gif they failzie in the premifles, ortocompeareandfinde caution in maner, and within the fpace forefaide : That they, and everie ane of theni, quha failzies , fall bee decerned, like as bee this prefent ac"te , they ar decerned, to forefault, amit, and tine all pretended in- feftmentes, and uther richt and ride they have , or may pretende to have, to ony landes quhat-fum -ever, they have halden , or pretendis to hald of his Majeftie, either in propertie, or fuperioritie : Quhilkis their pretended infeftmentes and titles thereof, in-cafe of failzie forefaide , ar now as then , and then as now, de- clared be this prefent Parliamente , to bee null and of nane availe, force, nor effect in themfelves, and that the nullitie thereof, fall be received and admitted in all judgementes , be way of exception or reply , but ony proces , action , or declaratour of reduction to be given thereupon. Z63. Anent the bigging of Burrowes-Touwes ? in the Iks and Hie-hndes. OUR SOVERAINE LORDE, With advife of the Eftaites of this prefent Parliament : FOR the better interteining and continuing of civilitie and policie , within the H I E -L A N D E S and ILES: Hes ftatute and ordained , that there be erecfed , and builded within the boundes thereof , Three Burghes and Burrowe-Townes in the maifte convenient and commodious partes , meete for the famin : To wit, anc'mKintyre, ane uther in Lochaber , andthethridintheLe-jy/j-.- To the quhilks Burghes , andin- liabitantes thereof, OUR SOVERAINE LORDE, And Eftaites forefaidis , fall graunt , and be thir prefentis grauntis ail Priviledges , quhilkis his Hienefle , or his Predecefioures hes granted to ony uther Burghes, or inhabitantes thereof , within this Realme. AND diat it fall be leafum to OUR SOVE- RAINE LORDE, Be advife of the Lordes of his Majefties Checker , to give , graunte , and difpone, to everie ane of the faidis Burghes , fameikle lande and grounde, foorth of his Hienefle annexed propertie , as may ferve to bigge the faidis Townes upon the famin, with fameikle lande and flfhinges nixt adjacent there- to , in commoun gude to everie ane of the faidis three Townes , as may fuiteine the coinmoun chairges there- of, to be halden in free Burgage of his Hienefle, in fik forme and maner, as his Majefties maift Noble Progenitoures of worthie memorie hes graunted of auld, to the erection of uthers Burghes of this Realme. Z64. Letters of horning, inhibitiones , inter difi Hone •s , executioner , and publications thereof, againfl perfones dwelland within Baillieries , fuld be regiftred in the Baillies buikes. OUR SOVERAINE LORDE, and Eftaites of this prefent Parliament, ftatutis and ordainis, ,1 that all letters of Horning, relaxations, inhibitiones, interdictiones , and publications thereof , and' utheris of the like forte , that fall at ony time hereafter bee raifed , and execute againft quhat-fum-ever perfon within this Realme , dweliand within the Baillaries or Stewardries , alfweill of Royaltie , as Regalitie , be j execute at the mercat-croce of the head Burgh, or Toun of the faidis Baillaries and Stewardries , vithinthe quhilk the faidis perfones dwellis : And als that the famin letters be regiftred in the faidis Stewart and Baillies buikes: Quhilk regiftration , fall be als lauchfull in all time cumming , as gifthe famin had bene regiftred in the Schireffes buikes. And that all executiones and regiftrationes , that fall happen hereafter to be uther- waies execute and regiftred, fall be null, and of nane availe , with all that followed thereupon : And or- dainis, all the generall claufes and provifiones infert and mentioned in the acts of Parliament, maid of be- fore , anent regiftration of horninges , in the Schireffes buikes , to be halden as exprefled and repeted in this prefent ordinance and conftitution. 165. Regiftrations of letters of homing, relaxations , inhibitiones fidd be maid judi- ciallie: Or before ane Notar, and four e witnejfes: Of the Judge refnfand the regiftration. IT Is ftatute and ordained , that all regiftrationes of letters of horning, relaxations, inhibitions, inter- ; dictions, before quhat-fum-ever Schireffe, Steward, or Baillies, alfweill of royaltie , as regalitie, be I either regiftred in time cumming judicially, or before ane Notar , and four famous witnefles , byandattour the ordinar Gierke: And in-cafe ony Schireffe, Baillie, or Steward, alfweill of Royaltie, as Regalitie, refufis to regifter the forefaidis letters of horning , relaxations, interdictions, and uthers of the like forte: That I