Page:The Laws and Acts of Parliament of Scotland.djvu/240

 n8 KING JAMES THE SEXT quhair be the Inftitution of the faid Coliedge, they ar authorized to fit , and decide upon all actions Civile^ and naneuthers to have vote with them: And our faid jbveraine Lordis deareft Gudfchir, King JAMES. the Fifth of worthie memorie, inftituter of die faid Coliedge , promitted in the faid inftitution theirof : That lice fuid not, be ony privie writing, charge or command (at the inftance of onyperfones) defire them, to do uthenvayes in ony matter that fuid cum befoir them, botas Juftice required, or to do ony thing thatmaie break the ftatutes, maid be their Predeceflbures, the firft Senatoures of the faidis Coliedge, at his Hienes commaund, in doing of Juftice. And that he wald give na credite to ony man that wald murmure the faidis Lordes, or ony of them, be doing of wrang and unhoneftie, bot they fuid be called befoir him, andgifthey werc foundin culpabil, to be punilhcd therefoir , after the qualitie of the lault or demerite: And gif they were foundin cleane and innocent, The perfones compleining to be punifhed with all rigour , and never to have credite againe with his Hienes , as in the faid Inftitution , ratified be Parliament , at mair length is con- tained. Nevertheles within thir fewe zeiris bypaft, our Soveraine Lordis Authoritie and their Jurifdiction, is greatly troubled and called in doubt, be reafon of findrie pri vie writings and charges direct againft them > be our faid Soveraine Lord and his privie Councell, fumtime to forbeare to proceede in Civile caufes , befoir the intenting thereof, fumtime to ftay the proces, and remit the matter to the Parliament, quhilkfendle lialdis, and theirthrow divers parties are oftimes fruftrate and delayed of Juftice , and fumtimes after the de- creetes given, the execution theirof flopped , as findrie of the number of the faid Coliedge , awaytmg on the faid Lordes of Artickles, can fpecially declair. Qiihilk as it tendis to their difcrediting j fwa it bringis contempt to our Soveraine Lordis Authoritie, and caftis the parties, havand their caufes in proces (to quhom Juftice fuid alwayes be patent) in great doubt , quhen they ftnde not ane out-gait, to have their caufes decided quhair they are intended. And the Kings Majeftie, his Parliament, and privie Councell, fall have little time andopportunitie, to confidderhis Hienes awin affaires, and the caufes of the Commoun vveill, gifthatat the in-opportune fute of private parties, the civile caufes ordourly belanging to the Judgement of the Col- iedge of Juftice, fall be brocht before them. THEREFOIR, our Soveraine Lord, with advife of his three Eftaites of this prefent Parliament , hes declaired, decerned, and ordained, like as they be the tenour hereof decernis , declaris, and ordainis, the faidis Lordis of Councell and Seffion, to proceede in all the faid Civile caufes intented and depending befoir them * ortobeintented, and to caufe execute their decreetes, alreddie given, or to be given, notwithftanding ony private writing, charge or command , at the inftance of ony perfone or perfones , direct , or to be direct in the contrair. .-> . 93. Anent the admiffiou of the or dinar Lordes of the Seffion, and Reformation ofcer- tame abnfes *therein. O R-famcikie, as it is heavilie murmured be divers Lieges of this Realme ; that our Soveraine Lord electis and chufis zoung men, without gravitie , knawledge and experience , not havand fufficient living of their awin, upon the Seffion , and that fum of them be themfelves , their wives, or fervands, takis buddes, bribes, guddes and geir, fwa that Juftice in effect is coft and fauld. FOR remeidquhairof, the Kingis Ma- jeftie, with advife of the three Eftaites of this prefent Parliament , ftatutis and ordainis , That nane of the Lordes of Seffion alreddie received, or to be received , nouther be themfelves, or be their wives, or fervands, take in ony times dimming bud, bribe , gudes or geir , fra quhat-fum-ever perfon or perfones prefently hav- and, or that hereafter fall happen to have ony actions or caufes perfewed before them, outlier fra the perfewer or defender, under the paine of confifcation of all their movabil guddis, that dois in the contrair, the ane halfe thereof to be applyed to our Soveraine Lord, and the uther halfe to the reveiler and tryer of the faidis Bud-takeris. And farther decernis and ordainis the faidis Bud-takeris, to be difplaced and deprived fimpli- citer of their offices, quhilk they beare in the Coliedge of Juftice, and to be declared infamous, andalsto be minifhed in their perfones, at the Kingis Majefties will. And fik-like our faid Soveraine Lord, with ad- vife foirfaid, lies declaired and declaris , that in all times dimming , quhen any ordinar place vakis in the Seffion, that our faid Soveraine Lord , fall prefent and nominate theirto ane man that fearis GOD, of gude literature, praclick, judgement, and understanding of the Lawes , of gude fame , havand fufficient living of his awin , and quha can make gude expedition and difpatch of matters , tuitching the Lieges of this Realme , Quha fall be firft funicientlie tryed and examinate, be ane number of the faidis ordinar Lordes. And in cafe that perfone prcfented be the Kingis Majeftie, be not foundc fa qualified be them , as is befoir defcrived , our Soveraine Lord, with advife of his faidis three Eftaites , declairis , that it fall be leafum to the faidis Lordes to refufe the perfone prefented to them, And the Kingis Majeftie to prefent ane uther, fa oft as he pleafis, quhill the perfon prelented be founden qualified, for ufing of the faid place. And fik-like our faid Soveraine Lord, with advife foirfaid , lies declaired and declairis , that the Prefident of the faid Coliedge of Juftice', fall be chofen be the haill Senatoures theirof, of the conditions and qualities abone written, quhidder he be of die Spiritual or Temporal eftaite. For chufing and electing of quhome, the Kingis Hienes and Eftaites foir- faidis, difpenfis with that part of the firft inftitution of the Coliedge of Juftice, Beirand that the President fuid be of the Spiritual eitaite, and ane Prelate conftitute in dignitie. And alfwa declairis, that in abfence of the Chanceller and Prefidenc now being, and that fall happin to be for the time, IT fall be leafum to the faidis Lordes , to elect and chufe ony ane of their number , quhome they think qualified and woorthieft, as