Page:The Laws and Acts of Parliament of Scotland.djvu/22

8 51. Of fore-thought fellonie and Chand-mella.

TEM, It is statute for the keeping of the Kingis peace, and added to the Acte and statute maid of before, that als soone as onie complaint be maid throw onie persones to Justices, Schireffes, Baillies in Burrowes, or on land, till ony uther Officiar of the Lawe, quhairever hee bee, that it esseiris or perteinis to, fallin all gudlie haste garre summound baith the parties before him, and inquire diligenthe but onie savoure, gif the deede was done upon fore-thought Fellonie, or throw suddaine Chaud-mella: andgisit be founden forethought-fellonie the partie sall be challenged incontinent of the Kingis peace breaking, be the Officiars of Lawe, quhilkis sall gar the partie hurte be fullie assyithed, after the quantitie of the skaith, that he hes susteined. And thereafter the life and the gudes of the trespassoure to be in the Kingis will, to quhais prison hee sall bee had incontinent. And gif the trespasse be done of suddaine Chaud-mella, the partie skaithed sall follow, and the partie trespassand defende, after the course of the auld Lawes of the Realme.

52. That all Prelates, Barrones and Free-halders sall compeir personallie in the Parliament. TEM, It is ordained and statute, that all Prelates, Erles, Barronnes and free-halders of the King within the Realme, sen they ar halden to give presence in the Kingis Parliament, and General Councel, fra thine foorth be halden to compeir in proper person, and not be a Procuratour: Bot gif the Procuratour alleage there and prove a lauchfull cause of their absence.

53. Attornayes in the Justice Aires suld be honest persones.

TEM, It is statute and ordained, that na man be admitted to be Attornay in the Justice Aire, bot gif he be ane honest and sufficient person of discretion for that office, the quhilk sall be knawin be the Justice and the Barronnes then present, gif onie doubt be theirof.

54. Of persones to be chosen to examin the buikis of Law, and reforme them.

TEM, It is statute and ordained, that sex wise men and discreete, of ilk ane of the three Estaites, quhilk knawis the Lawes best, sall be chosen (sen fraude and guile audit to help na man) that sall see and examine the Buikes of Law, that is to say, Regiam Majejstatem, and Quoniam Attachiamenta. And mend the Lawes, that neids mendement.

55. Quhat exceptiones suld be admitted or repelled. T is ordained, that all lauchfull exceptiones of the Law be admitted in Judgement, and all frivolous and fraudful exceptiones be repelled, and not admitted be na Judge, swa that the causes litigious and pleyes be not wrangeouslie prolonged in skaith and prejudice of the partie, and in fraude of the Law.

56. All men suld ludge with Hostillaries.

TEM, In the way that Hostillaries in Burrowis and throuch-faires, meenis them to the King, that his lieges travelland in the Realme, quhen they cum to Burrowes and throuch-faires, herberies them not in hostillaries, bot with their acquentance and friends: The King of deliverance of Councel, and consent of the three Estaites forbiddis, that onie liegeman of his Realme, travelland throw the countrey on horse or one fute, fra time that the commoun hostillaries be maid, herbery or ludge them in ony uther place, bot in the Hostillaries foirsaid, bot gif it be the persones that leadis monie with them in companie, that sall have friedome to herberie with their friends: Swa that their horse and their meine be harberied and ludged in the commoun Hostillaries. And als it is ordained, that na Burges indwelland in burgh or in throuch-fair receive or admit ony sik travellers or strangers, bot allanerlie commoun Hostillaries, under the paine of fourty schillinges, to the King for the unlaw.

57. Of Weichtes. TEM, It is ordained, that their be maid a stane for gudes sauld and boght be weichtes, the quhilk sall wey fyfteene leill Trois pundes, and that stane to be divided in sex-tene leill  poundes, and of it there sall be ordained halfe a stane, a quarter, a halfe quarter, a pounde, halfe a pounde, and uther lesse weichtes according thereto, widithe quhilk all byares and sellers of gudes within the Realme sall buy and sell with, and with nane uther weichtes fra   nixt to cum, and fra thence foorth their foresaide Weichtes sall have course.

58. Of Water-mettes. , It is ordained that the Water-mettes, that nowe ar, sall remaine and be used throw the Realme in time to cum, and in ilk place and Towne, quhair the gudes ar sauld and mette be the water; there