Page:The Laws and Acts of Parliament of Scotland.djvu/241

 SEXT 'PARLIAMENT. XX. of OBober. 15-79. ZI 9 as faid is, Quha fall be called Vice-Prefident, for ufing of the faid office , calling of matters , repeating of alledgeances proponed be the Advocates at the Barre, collecting of the Lordes votes , and pronunciation of their decrcetes and interloquutoures, ay and quhill the returning of the faidis Chanceller or Prefident. 94 . The tenour of Letters of horning and indorfationes may not be proven be IVitnejfc. FO R S A M E I K L E, As anent the complaint given in be Schir DAVID HUME of Fifihewik Knicht, Beirand that there being ane Action and caufe perfewcd be him againfl Schir RICHARD MAI T LAND of Lethingtotm Knicht, ane of the Lordes of Seffion , for transferring of ane decreete of Non-entrcs, obteinedbeumquhile WILLIAM MAI XL AND of Lethingtotm zounger his Sonne, inmefaideSchirL^'^asdonatcurtheirtO, be difpofition maid be our Soveraine Lord with advife of his umquhile deareft Gudfchir CMatthew Erie of Lennox, Lord Demely , Regent for the time. In the quhiffc caufe, for delay of time , it was alledged bee the faid S chir Richard , that there aucht na tranflation to pafle, becaufe the faid umquhile William was denunced and put to the home in our Soveraine Lordis deareft Mo- thers time, for certaine caufes , and that he had obteined ane further gift , granted be her , of the faid decreit, And for probation theirof flayed the faid ijchir Davids proces, be the fpace of twa zeiris. And feand that be na delay of time, he culd cum be the faid horning (quhiik never v> as) lis , be his fupplicatioun to the faidis Lordes of Jefiioun, defired the famin to be proven be witnefles, havand nouther Law nor praftick in fik cafes. And it being ane noveltie, and tending to the heavie wrack, afweill of the Nobilitie, as remanent fub- jecies of this Realme, in cafe the famin were received as ane practick , 1 he faid ^chir David mccned him to our Soveraine Lord, and Lordes of fecreetCouncell: And then the Lordes ofiSeffionwerdifchargcdof proceeding theirin, and the famin ordained to be difcufied befoir our faid Soveraine Lord and Eflaites of Par- liament, like as the famin was continewed in the lafl Parliament halden at Striviling , unto this prefent Par- liament. Defiring theirfoir the Kingis Majeflie and Eflaites, to receive the faid matter, and difcuiling their- of befoir them, and put the famin to vote, for decifion theirof, that it may remaineasaneLawtothehaill fubjeclesintimecumming. Quhiik fupplication being feene and confiddered: OUR Soveraine Lord, with advife of die three Eflaites of this prefent Parliament, lies declaired and declairis , that in all time dimming, na tenour of ietteris of horning, executions and indorfations theirof, not extant and produced judicialiie, fall be admitted to be proven be witnefles, in quhat-fum-ever acfion or caufe, pcifevved or tobeperfewed be the Lieges of this Realme, befoir quhat-fum-ever Judge or Judges within the famin. And that but pre- judice of the forefaid aftion, depenaand betuixt the faidis parties , before the Lordes of Councell , and deci- sion thereof, in flair as it was left befoir the difcharging of them of farther proceeding there-intill. Providing that the witnefles to be ufed and produced againfl the faid 'David Hume, in the fakle caufe, beexaminatin .prefence of the haill Lordes of Selfion. 9*>. r^Anent Scottef-men ujmg the priviledges of this Nation in the Lawe-cuntries, under the King ^"Spaynis dominion. FORSAMEIKIL, as there is divers and findrie Scottef-men married and unmarried, within the partes of the Lawe-cuntries, under the King oiSpayms dominion , keipand their refidence, quhair this Nation keipis their Stapil, and having their life , induflrie, and trade of the Kingis Majeflies fubjeftes, asfaclourcs to them , ufing and haunting the priviledges granted to the laid Nation , v ii bin the faidis partes of the Lawe- cuntries , fa farre as the famin may make for them, their commoditie and profite, And at uthers times re- nunceing the famin, and reclaiming theirfra , alledging to their Porterie , refidence in any foreine Cuntrie, and forfaking the obedience to the Kingis Majeflie his Lawes and Ofhciars. ThEREFOl RIt is flatute and ordained , that ane incorporation be maid of the faid Nation and priviledges theirof , fpeciallie ordaining that quhat-fum-ever perfone refident, or remaining within the partes forefaidis , (fpeciallie quhair the faid Nation keipis Stapil) Intending to ufe facl:ourie, or ony uther trade with the faid Nation, and willing to enjoy the fruite and commoditie of the faidis priviledges , in haill or in part, Sail give his aith of obedience to the Kings Majeltie and his Lawes , befoir his Hienes Confervatour refident in the faidis Lawe-cuntries , and fall pay for his entres to the Kingis Majeflies ufe ten pundes Flemijh. As alfwa fall be ready to underlie all fik charges and commandements , as fall happen to be direci and cum fra his Hienes, in the fame forme and maner , as they were dwelland in Scotland. And quha refufis to give the faid aith , and paye the faid entres, That they fall be called be the faid Confervatour , and upon their refufe or delay , deprived to have or enjoy thereafter ony benefite of his Majeflies fubjeftes. And that nane of his Hienes fubjecles have trade , trai- ficque, or ufe of faftourie with ony the perfones fa deprived thereafter, under the fame paine. 97. For avoyding of the great number of unfree-men failland in the Lawe-cuntries O R avoyding of the great multitude of Sailleris to the partes of Flanders, to the difhonour of the Cuntrie, their awin hurt and tinfell, and great hinderance to the Burrowes, and for reflraining of unfree-men , that I iauntis and frequents the faid partes in Merchandife in time cumming: IT IS flatute and ordained be our Soveraine Lord, with advife of his three Eflaites in this prefent Parliament, That na unfree-men haunt- F