Page:The Laws and Acts of Parliament of Scotland.djvu/130

110 H E OUR H P A L I A M E N T O F KING JAMES THE FIFTH, Halden at Edinburgh, the feventh daye of June, the zeire of 'God an: thoufand, five hundreth, threttie five zeires. tyfgainft them that fufteinis theproces of turfing, abone thejpace offourtie dates.
 * £j38K|j& LSWA, Becaufe the damnable perfuafions of Heretickes, and their perverted

ofHalieKirk: For remeid hereof, our Soveraine Lorde, in this prefent Parlia- ment, hes ratified and apprieved , and of the new , makis , conftitutis , and or- dainis, the afte maid of before be his grace , with the advife of the three Eflaites of his Realme, in his forefaid Parliament, againft them that fufteinis contem- ffl % | nandly the proces of curfing, with new addition thereto , of the quhilk afte and %A addition the tenour followis. _J}]| IT EM, It is ftatute and ordained, that becaufe mony and diverfe of the ^ggjgiSgri Kingis Lieges of this Realme, lyis under the horrible fentence of curfing, fepa- ratefra the Prayer of the Kirk, and mente ofthebloudeofChrift, to the dam- nation of their faules, evil example, perrell and danger of the uther gude fubjecles of the Realme : Therefore quhen ony of our Soveraine Lords Lieges fufteinis damnablie the faid horrible fentence of curfing, for the fpace offourtie daies, quhereupon Caption aucht to be given be the Law : The partie, at quhais inftance the perfons ar curfed, fall have our Soveraine Lordis letters to poynd , apprife, and diftreinzie their gudes move- able and un-moveable, forpaymenteofthefummes, for quhilkis they lay under the faid fentence , andgif the faidis perfones lyis under curfing be the faid fpace, for none-doing or fulfilling of ony afte or deede : in that cafe die perfones their creditoures fall have letters in the firft, fecond, thrid, and fourth formes, according to the Ordinares letters of curfing. And this atte alwaies to be na prejudice to them that likis to take captions : And albeit aneperfone may be under appellation, that may flop the giving of fik letters, in maner abone written : It is declared and ordained, that na appellation fra fentence of defertion of appellationes before in- terponed, fall ftoppe the giving of fik letters. lo. For planting of wooddes, Forreftes, andOrchardes. ITEM, For policie to be had within the Realme, in planting of wooddes, making of Hedges, Orchard- es, zairdes, and fawing of broome : It is ftatute and ordained be the Kingis grace, and his three Eftaites of Parliament, that the acles maid there-upon of before , be King James the Firft, and uthers our Soveraine Lordis Progenitoures, be obferved , keiped , and put to fharpe execution in all poyntes , with this addition: That everie man Spiritual and Temporal, within this Realme , havand ane hunreth pounde land of new ex- tent be zeir, and may expend fameikle, quhair there is na wooddes nor Forreftes v plant woodde andFor- reft, and make hedges , and haning for himfelfe , extending to three aickers of land , and abone or under, as his heritage is mair or les, in places maift convenient : And that they caufe everie tennent of their landes, that hes the lame in tack or afiedation, to plant upon their on-fet zeirly, for everie marke land , ane tree. Ilk Laird of ane hundreth pound lande, under the paine often pound, and lefle or mair, after the rate & quantitie of their lands. And that inquifition be maid zeirly hereupon, as the Kingis Grace fall thinke it maift expe- dient : And that everie man begin and caufe planting to be maid the nixt feafon hereafter following, under the paines forefaids, to be raifed and in-brocht to the Kingis Grace ufe , be the Schirene of the Schire , or quhom it pleafis his Grace to direct his Commiffion to in that parte, and that cognition be tane zeirlie of the breakers of this ftatute , be everie SchirefFe in his awin Schire , zeirly at his head court after Tafche. ii. The p aims of the defrayers of Wooddes, and makers of Mure -bur ne in forbidden time. ITEM, For die punifhing of them that deftroyis greene Woodde, in contrair the tenour oftheadle abone written: It is ftatute and ordained for keiping of the famin: That all deftroyers of greene Woodde, be cutting , pealing , burning or felling , and fik-like of all new haninges, fall be accufed dierefore conforme to the
 * dodtrine, gives occafion to lichtlie the procefle of curfing , and uthers Cenfures