Page:The Laws and Acts of Parliament of Scotland.djvu/175

 SEXT PARLIAMENT. XX. of Jimij. i SSS. i ss ar called, quhat number that ever they bee of, being all called on ane crime : They fall have allanerlie with them at the barre, fex of their maifthoneft, wife, fubftantious friendes, able to give Councell with their Advocattes to defend: And the partie perfewer of that crime, to have with them foure of their friendes allanerlie : Swa that be multitude of friends cummand to the barre, the getting of ane affife fall not be flopped: And the breakers of this aft, to be punifhed in this maner; That is to fay, thejuftice, or uther Judges forefaidis, to charge the breakers to enter their perfones in waird, under the paine of rebellion, and putting of them to the home, and gif they difobey , to put them to the home ; And gif they obey and enters in warde, there to remaine during the Queenis Grace will. 4x. Anentls nullities. ITEM, It is ftatute and ordained, that all nullities be received and have procefle , be way of exceptiones orreplyis, andalltitles, contracles, infeftmentes, or uther thinges quhat-fum-ever , that ar null of the Lawe, to be declared in time dimming null , and of nane availe , be exception or reply in that fame inftance, they ar produced : Providing alwayes , that the partie againfl quhom the faid exceptiones or reply of nullitie is proponed, have fik-like day to call his warrand before the anfwering thereto, as he micht or fuld have had, in-cafe he had bene called be way of action, to have heard his title , contract, infeftment, or uther thing produced be him, declared null of the Law. 43. Anentis leagues and bandes. ITEM, Becaufe it is thocht again ft all Law and obedience of fubjects toward their Princcfle, the making of particular leagues, outher in Burgh or to Lande, and giving and taking of bandes of man-rent , and maintenance refpetfive : Therefore it is ftatute and ordained, that all leagues maid in times by.gane be null, and ot nane availe -. And all bandes of man-rent and maintenance in likewife, bee null , and oft nane availe, except heretable bandes given of before, or given for aflithment of flauchters in time by-gane : And difchargis all making of leagues or bands in time to-cum, and that the receivers and givers thereof in times by-gane , be free either of uther in time cumming , and of onie profite be life-rent of iandes, tackes, teindes, Baillieries , or zeirlie payment , granted or given for the faidis bandes of man-rent , to returne to the givers, as the famin had never bene givend : For the declairing hereof, the bruikers of the faidis life-rentes of Iandes , tackes , teindes, Baillieries, or zeirlie profite for bandes of man-rent , fall anfwere to the giver thereof, for the faid band, upon xxj. dayes warning, but diet or table , before the Lordes of Councell , to heare and fee the faidis life- rent of Iandes, tackes, teindes, Bailleries, or zeirlie profite given for the faidis bandes, be decerned to re- turne againe to him be this act. Quhilkis being declared be the faidis Lordes, to returne to the givers : They fall make their lauchfull warning fourtie dayes before the feaft olJVhit-funday nixt thereafter, and intromet with their awin, asaccordis: And quhat-fum-ever perfon or perfons that makis leagues , or givis or takis band of man- rent, and maintenance rejpeclive in ony time cumming, they fall be punifhed be putting of their perfones in waird, there to remaine during the Queenis Grace will. 43. Notars faid be examined and admitted be the Lordes of SeJJion, and their J>roto- colles faid be marked. ITEM, The Queenis Grace Dowager, and Regent of this Realme, and the three Eftaites of Parliament of the famin, confiddering the great and mony falfettes day lie done within this Realme be Notars,and that our Soveraine Lord, King James the Fifth, and in likewife our SoveraineLadie, in her Parliament halden at Edinburgh, the firft daye of Februar, die zeir of God , anethoufand, five hundreth , fiftie ane zeires; maid actes for ordouring of Notars, and punifhment of falfars , quhilkis as zit lies tane na dew and effectual execution : Therefore it is ftatute and ordzined, that all Notars within this Realme , baith Spiritual and Temporal, be caufed to cum be their Ordinares , SchirefFes , Stewards and Baillies refpecJive , to the Burgh of Edinburgh, there to compeir. perfonallie before the Lordes of Councell, or that the faidis Lordes direct their letters, requiring and chargeing all Notars within this Realme, to compeir before them, asfaideis, bringing with them their creationes and haill protocolles, betuixt this and the Feaft oiWhit-fanday , nixc to-cum, at fik dayes as fall be appoynted and affigned be the faidis Lordes, to be examined, and their crea- tiones vified be them, their protocolles produced to be marked be the faidis Lordes , and the leafes numbred, and the blancks marked, and the faid protocol buiks not to be feene nor red , bot to be marked , in prefence of the faid Notar , and delivered againe to him but ony infpection : And as they be foundin qualified and admitted be the faidis Lordes of Councell, to ufe the office of Notarie thereafter : And that na Notar, be quhat-fum-ever power he be creat, ufe the office of Notarie within this Realme in time cum- ming, bot gif he firft prefent himfelfe to the faidis Lordes , fchawand his creation , and be admitted be them, as qualified thereto: And that na Notars that fall happen to bedifcharged be the faidis Lordes, or not admitted be them hereafter, ufe the office of Notarie, under the paine after fpecified. Andattour, it is ordained, that all Notars to bee admitted , as faide is , givand inftrumentes , and requirand witnefle thereto, they fall require the faidis witnefle quhair they dwell, or take fome uther evident taikin of them, and infert the famin in their faidis inftrumentes, that the witnefle may bee knawin, being prefent at that A a z time.