Page:The Laws and Acts of Parliament of Scotland.djvu/252

 XJO KING JAMES THE S E X T tmom of the famin, Of the quhilk the tenour followis. IN THE PARLIAMENT, haldcn at Edinburgh, the tenth day of Julie , the zek of God , 1560. zeires. The faid Parliament being eontinewed todiefirftdayof Auguft nixt thereafter following, with continuation of dayes upon the z$. day of the laid Moneth of Auguft ; The three Eftaites then being prefent, underftanding that the Lieges and fub ecles of thisRealme, havand actions dependand and perfewed in the Coust of Rome , or in the confiftories of the. famin, hesfufteined great expenfes, fa that they have bene alluterlie herded theirthrowe. For efchew- in^ of the quhilk, and that na pairtie , havand juft Action , be defrauded thereof. I T I S flatute and ordained, that all pairties, alfwell perlewers as defenders , havand pleyes , dependand in the faidis Court of Rome or Confiftories, or before uthers Judges , called Delegates or Sub-delegates , fall perfewe or defend the fame at their option before the Lordes of our Soverainis Self ion, the Schirefle , Stewart, or Bail- lie of Regalitie, BaillieofBarronnie, ProveftorBailliesof Burrowes, or uthers temporall Judges ordinars within this Real me, quhair the pairtie perfewer aucht to anfwer of die Law, and the faidis procefles to be-
 * ginnequhair they left, according to the laft Act of the proces, and after the forme thereof, quhillthe final!

•end and decifion oi the famin. And the fentence being given, the execution to be maid thereof , as of uther fenrences pronunced before uther temporall Judges of this Realme. And attover, becaufe it is likewife un- derstand, that there is Appellationes maid Mid interponed fra divers fentences , given in the forefaidis Con- fiftories, and alsfra fentences be Judges Delegates and their Sub-delegates, quhilkis appellationes being Juftified, may reduce the faid fentences. Therefore, IT IS ftatute and ordained, That the pairties quha hes appealed, give in their fupplications to the Lordes of our Soverainis Seffion, to have letters to call the pairtie, forquhome the fentence is given, to compeir before the faidis Lordes to heare and fee twa, three , or foure named be commiflfion , To fit in the maift convenient place , to cognofce upon the faid Appellation and fentence, and to declaire the famin , according to the Law , Outlier retreitand the fentence or confirmand the famin. Providing that the perfewers of thir appellations do their diligence in maner forefaid , within the terrne & fpace fpecified in the Lawes ; utherwayes not to be heard hereafter, bot execution to be gi- ven upon the faidis fentences, fikiike as & the pairtie had not appealed theirfra. And in likewayes, becaufe it wes lauchfuii at fumtime , be way of Supplication , called Termodumjimplicis querela , for to leeke remeid of the nullitie and iniquitie ol fentences , albeit na appellation had bene maid and interponed theirfra. Therefore it is ordained, that the faidis fupplicationes fall be given in be the compleeners, to the faidis Lordes of the Seffi- on, quha fall have cognition thereintill, & dojuftice their anent, conforme to the Law, Providing alwayes,that this have place onlie in fik caufes, as of before were permitted to perfew/w modumfimplicis querela ,allanerlie. 1 1 6. K_Agalnfi the abufe ofjum landed Gentil-men, and uther is forbearing to keepe houfi at their awin dwelling places. FqRSAMEIKLE, as oflait there is croppen in amangisfum Noble-men, Prelates, Barronnes , and Gentil-men, in certaine pairts of this Realme , being of gude livinges , great abufe contrair the honour of the Realme , & di Lferent from the honeft frugalitie of their Forebeares, pairing to Burrows , Townes, Clauch- aan.es & Aile-houfes with their hpuflialdes, and fum abiding in their awin places , ufis to buird themfelves and uthers to their awin fervands, as in hoftillaries, quhairon skaithfull and fchamefull inconvenients daylie falles out, to the offenfe of God , defrauding of the pure of their almes , fclander of the Cuntrie , and hurt of the au • thours. For remeid quhairof, Our Soveraine Lord, with advife of his three Eftaites of this prefent Parliament, lies flatute and ordained : That every Prelate, Lord, Barronne, and landed Gentil-man , fall make hisordinar dwelling & refidence at his awin houfe with his familie, in all time cumming, after the publication of the Ads of this prefent Parliament, For fetting forward of policie and decoration of their faidis dwelling places Support- ing of the pure with almes, & interteining of friendship with their Nichtboures be all gude 8c honeft meanes. And that they forbeare the faid unhoneft forme of buirding of themfelves, & their families and houlhaldes in Burrowes , Clauchannes & Aile-houfes , or in their awin houfes , under the paines following , That is to fay : Ilk Lord and Prelate, under the paine of 5-00. markes, ilk great Barronne under the paine of 300. markes, and ilk landed Gentil-man under the paine of zoo. markes. And gif they failzie, being calied & ordourlie convict of tranfgreiling this prefent AcT:, the faidis paines to be up-lif ted to our Soveraine Lords ufe. 117. The forme and paine of Law-borrowes. FORSAMEIKLE, As findrie gude AcTes hes bene maid anent fi nding of Law-borrowes, for prefer- vationofthetrewe and obedient Subjecles from injuft force and violence. And laitlie for their greater comiort, IT was weill ordained , that the paines of Law-borrowes fuld be divided betwixt the King and the Pairtie offended unto. Neverthelefle, feeing the paines of Law-borrowes lies extended only in time by- gane, for fafetie of bodielie harme from die perfbn of the compleener : The malice of the wicked fa increaf- fis, as diey ceafe not be indirect meanes, and hounding out of Limmars , vagaboundes, and udiers not refponfall, to invade the innocent perfones, not onlie in their bodies, bot to reive, fteale, houch, or flay their Oxen, Horfes , and uther Cattell , cut or deftroy dieir Cornes , or to caufe eaze the fame with Befl iall, to hound and flay their fcheepe with dogges, boaft themfelves in fik forte , as they dare not lie in their awin Houfes, ortomanacetheirfervandes, to lieve their fervice : quhairthrow their ground may be layed waift, to the utter wrack and depauperingofthelnnocentes. QLIHAIR-