Page:The Laws and Acts of Parliament of Scotland.djvu/79

SEXT PARLIAMENT. VI ofCHaij. 1471. 61 H E X ARLIAMENT O F KING JAMES THE THRID. Maiden at Edinburgh, the fext date ofCHaij, the zeire of God, ane thou/and, fours hundretb, feventie ane zeires. 41. x^Anent brieves pleidable . TEM, It is ftatute and ordained , be the Lords, having the haill power of the three Eftaites committed to them , and the bodie of the Realme and Parliament, that in time to cum , quhair onie brieves pleidable happenis to be followed before quhatfumever judge , and there be exceptions, ane or maa proponed , and there- upon borrowes and recounters foundin , and doome given failed, and againe faide be outlier of the parties , and thereafter difcufled in die Parliament : Gif it hap- penis the doome to be difcufled & determined for the partie follower , dien fall the parties baith pafle againe to die nixt Juftice aire, and the famin briefe and procefle maid of before fall be redde againe, and the partie follower make his claime , and the partie defendand fall have freedome and priviledgetotakeaneormaauther exceptiones , dilatoures or peremptoures , as they follow in ordour, nixt after the firft exceptions proponed, that the doome was falfed upon of before. Bot it fall not be leiffull to them to take ony exceptions, that they pretermitted and let pafle by at that time, bot they fall pane ordourly forward fra exception to exception, how oft that ever the doome be falfed , unto the time that the brieve be brocht to the recognition of ane aflife , gif it pleafis the partie to mak perfute theirto. And the faid ordour and forme conteined in this ade abone written, to be obfervcd and keeped in all pointes in the proceeding of the brieve of mortanceftry,purchafled be Andrew Bifet , againft the Laird oiArdros, and now dependand in the Juftice aire of Cowper. 43. The man-flayer fidd not be relaxed, except he finde caution. Negligent Schirejfes. ITEM, Anent the Handling of flauchter , quhilk is fa common in the cuntrie, baith in Sanduarie places, &uthers, die Lordcs thinkis expedient, that the ade of die laft Parliament maid thereupon be keiped, with this addition, that quhair ony flauchter is committed, and the partie committand the flauchter be put to die home of partie, and fyne thereafter cum , and binde them to the Lawe , the Schireffe fall not receive him to the Law, nor gii him dilatoures of fourtie dayes, without he bring widi him fufficient burrowes, that he fall compeir peremptourly die faid day , to underlie the law . And failzieng theirof , that the committer of the faid flauchter be put to the Kingis home, at the faide day peremptour, and all his gudes efcheit to the King, and his burrowes to pay twentie pound to the King for the unlaw. And fra hyne furth to be demained be the Schireffes , as is conteined in the act.es maid of before in the laft Parliament. And to have knawledge quhat Schireftes lies bene negligent in the execution of the faid ad maid upon flauchter fen the laft Parliament. And that now there be limited a day to the SchirefFes at the empleafance of our Soveraine Lorde , quhair the Schi- reffe fall compeir, and abide his accufation thereupon. And quha that beis foundin culpable , to be puniflied after the tenour of the ade of Parliament. And in the meane time that there pafle letters of the Kingis in all Schires , to be proclaimed at the head Burrowes , that quhair ony parties compleinzies upon flauchter fen the faide time , that they cum to the King the faide day with their plaintes , and the King fall rni- nifter them juftice widiout favoures. 44. That na Clerkes ptrches benefices , or office of Collect arte at the courts tffRome, the quhilk was not thereat befoir. TEM, As to the Article of die great damnage and skaithdaylie done to all the Realme be Clerkes, reli- gious and feculares , quhilks purchaflis, Abbacies , and udier benefices at the court olRome, quhilks were never dieirat befoir , and purchaflis, be meanes, office of Colledorie, and takis upon them to raife heavie and great taxations of Prelates and Clerkes , and makis information of the availe of the benefices in the court of Rome, mair nor the ufe and cuftome was of befoir , or that ever was done in ony Kingis time bygane , and to provide for the making of unions of benefices perteining to Abbacies,and uther annexed and unite to Bifdiop- M 3 ricks,