Page:The Laws and Acts of Parliament of Scotland.djvu/118

 9 8 KING JAMES THE F OV RT H Therefore in time to cum, that the faid landes betuixt Badzknoch and Lome, cailed'Dowart , andGlen- towart, and als the Lordftiippe of Lome, cum and aafwere, and underly the Law in the Juftice aire of Terth: Mar&mor, Loch-CAber forefaid, to cum to the aire oilnnernes: Ergyle, quhen itpleafisthe Kingis Hienefle, fall cum to Terth, and the Juftice aire thereof, quhair ever-ilk hieland mar., and Law- 1 ancle man, may cum, and aske Juftice without perriJi or danger. And that the Juftice of the faid Lordlhip oiErgyle, with the boundes thereof, have his place and feate in Terth, at the Kingis pleafure , as faid is. And that that part oiCowale, that is not within, the boundes, nor Lordihip oiErgyle, and ail the inhabitants thereof, cum to die aire of 'Dumb art ane. Item, that the aire of Bute, Arran, Knap dale, Kmtyre, and mekiil Cumray, belialden at the Burgh olAir, or Rothefiy , and the inhabitants thereof, to cum there, at die Kingis pleafure. 61. Of Schireffes to be maid in Rofte and Caithnefle. I" T E M, Becaufe there hes bene greate lack and fault of Juftice in the North Parts , as Caithnefe and Rojje, XforfauitofdivifionoftheSchireffedomeof/w/fr^j-, quhilkis over-great , and thay parts ar fa far diftant fra the faid Burgh of Inncrnes , throw the quhilk they may not be brochthaftely thereto, without great ex- penfes, laboures and travelles , quhair throw great enormitie and trefpafle hes growen in thay partes , in de- fault of officiares within themfelfe, that had power to put glide rule amang the people-. 1 herefore it is fta- tute and ordained in this prefent Parliament , that there be ane Schirefte maid otRoJJe , quhilk fall have full power and jurisdiction , and Schirefte -fhip within the boundes oiRnJfe , and to fit and have his place for ad- miniftration of juftice in Thane, or THugweU, as the faid Schirefte thinks expedient, for the decifion of caufes, brieves, or ony uther fik thinges beiangand to his office , as the caufe requiris. And in like wife, that there be ane Schirefte maid, quhilk fall be called the SchirefFe of Caithnejje, quhilk fall have full jurifdiftion of Schireffe-fhip, of all the hail! diocefie oiCaithnejfe, and fall fit and have place for adminiftrarion of his Office, va'DornockoxVlk, as he thinkis maift expedient, for the caufes occurrand. And alltheSchireffedomesof Innemes, Rojfe zndC'aithneJfe , and the inhabitants thereof, compeir to the Juftice aire of Innernes , quhen it beis cryed and ordained. 6i. That the greateft crime be fpecified in the remijfion. ITEM, Becaufe diat there hes bene in times by-gane, abufion in the giving and granting of remiftiones to perfones, that hes needed the famin, and hes put ane licht caufe, for the fpecial caufe, in the faide remif- fion, and under the general claufe , hes comprehended greater crimes then the fpecial caufe , quhilk was ex- prefied, quhilk is contrair to equitie and juftice : Therefore it is ftarute and ordained , that quhair ony peribn or perfones, defiris to have remiiliones in time to cum , and wald that remiilion fufficed to him , fall expone and declare in the faid remiftion the greateft caufe, that he defiris to have the remiilion for. And in that cafe, the general claufe fall fuffice him to comprehend crimes of les gravitie , then the fpecial caufe. And gif he expreemis not the greateft crime in fpecial, the general claufe , fall not fave him fra ane greater cryme, nor the fpecial is. 6 5. That na remijfion fail be given for fauchter, upon fore-thoucht-feUonie. T E M, Becaufe the Kingis Hienefle hes confidered , and underftandin the great flauchters that hes bene _ in his Realme, and the occafion thereof in traift and beliefe , to get remiiliones haftely , quhair-throvv die great inconvenients of flauchter, moved and happened , ever-ilk daye mair and mair : Therefore of his awin free minde and motive, hes defired , that his three Eftaites in this prefent Pa* liament, wauld fet fharpe rule therefore, and for importunitie of askers in time to cum, is content of the ordinance and deliverance to be maid be them: Therefore bee his awin ad vife, and the faid three Eftaites : It is ftarute, deviled, and con- cluded, that there be na remiilion given fra thine furth for flauchter , to be committed upon fore-thoucht- felionie, in ony time to cum. And this ftatute to indure unto the time our faid Soveraine Lord make fpecial revocation of the famin. 64. Of the correction and examination ofNotares. ITEM, Anent the article ofNotares, becaufe there hes bene divers and great complaintes maid be our Soveraine Lordis lieges, that there is fa mony fals Notares in the Realme, that it is dredd throw their faffed, that trew men fall not be ficker of their heritage, nor Clerkes of their benefices, and in uther civil actions, quhilk may caufe ane great divifion amang our Soveraine Lordis Lieges : Therefore it is ftatute and ordained in this prefent Parliament, that all Bifhoppes and Ordinares, make all the Notares within their diocefe, to be called at a convenient day and place before them , and make them be examined upon dieirfufficiencieandknawledge. And als tak inquifition, how they have demained them , and of their fame. And the perfons, that they finde culpable, that they deprive them of their offices, afidpunilli them for their faults, according to their demerits : And the perfons that they finde acceptable, that they fend them with their wntinges to the Kingis Hienefte, quhilk fall depute certaine perfons to examine them. And gif they be gainand, to make them Regal , if they be not maid Regal of before. And als, that the faid Ordinares take inquifition of all them that ufis fals inftraments : And in fa far as belangis his