Page:The Laws and Acts of Parliament of Scotland.djvu/256

234 boundes die contravener of this present Act beis apprehended, dois not execute the samin, sa oft asdittay sall be given unto him upon ony contravener, he sall pay for the first fault the summe of ane hundreth pundes, for the second fault, twa hundreth pundes, and ay sa oft as he failzies, sall double the said paine, to be applyed to OUR SOVERAINE LORDIS use. And to the effect, that the Stewardes, Baillies, and all uthers ordinar Judges within this Realme, may put the said Act to dew execution; OUR SOVERAINE LORD, with advise foirsaid, hes ordained, and ordainis, the Lordes heritours, or possesours of the ground, to present the contravener of the said Acte, to the ordinar Judge, within quhais boundis the said contravener dwellis and makis residence: The said heritour or posesour, being required be the ordinar Judge, to do the samin, under the paine foirsaid, sa oft as he heis required to that effect, to be applyed to OUR SOVERAINE LORDIS use, as said is, with power to the saidis ordinar Judges, to call and conveene the saidis heritoures or possessoures, refusand to present the saidis contraveneres for the saidis paines. And gif they be found culpable, to convict them their-intill, and to poynd and distrenzie them theirfoir: And to make zeirly compt theirof, to OUR SOVERAINE LORDIS Thesaurer, in his Hienes Checker: Swa that the samin may be applyed to his Hienes use, as said is. And ordainis special letters of publication, to be direct heir-upon, gif neid beis, in forme as effeiris.

UR SOVERAINE LORD, With advise of his three Estaites, and haill bodie of this present Parliament, ratifies, appreivis, and for his Hienes and his Successors, perpetually confirmis, the Acres maid be his Hienes maist Noble Progenitours, against the transporting of Scheepe, Nolt or uther Cattle foorth of the Realme : And ordainis the same to have full effect and execution in time cumming, with this addition: That it sall be leifull to ony ol our said SOVERAINE LORDIS Lieges, that happinis to apprehend onie Nolt or Scheepe, zoung or auld drivand, to be transported foorth of this Realme, to stay the gudes, and to apprehend and keepe the drivers of them, quhill they have thoilled ane Assise befoir the Justice, or his deputes, in the Tolbuith of Edinburgh, or befoir the Schireffe, Steward, or Baillie of the boundes, quhair they sall happen to be apprehended, quhom his Hienes makis ordinar Justices in that pairt, for trying of the contraveneres of this present act, and executing of the paine of hanging upon them, and confiscation, aisweill of the gudes apprehended, as of the remanent of their moveable gudes: Quhilkis persones,being found guiltie, ordainis and declaris, the ane halfe of the saidis gudes apprehended, and their remanent movable gudes, to be equallie divided betuixt the Judge ordinar, and the apprehender for their paines, and the uther halfe of the same efcheit guddes to be in-brocht to our Soveraine Lordis use, and compt to be maid of the same in the Checker.

125. Against the unlauchfull taking of profite be Captaines and keepers of the Kingis Caftles.}}

ORSAMEIKLE, As amangst sindry utheris great disordours, growen in this Estait, in the Kingis Majesties Coronation, ane, not of the smallest importance, hes bene the making of mercat of the Kingis Castles and strengthes (being the Keyes of the Realme, quhairin the Ordinance, Munitiones and Jewelles of the Crown ar placed) be sum, to quhom the custodie and keeping theirof, happened to be committed for the time. Constraining his Hienes Regentes, in his tender age, and utheris havand his richt and power for the time, to redeeme his awn houses, Munitions and Jewelles at his great charges, and with their Landes, livings, and guddes, to the heavie damnage and interest, aisweill of his Majestie, as of them, their aires and posterities. FOR remeid quhairof, and eschewing the like evil example amangest his Hienes Subjectes, to make their unlauchfull advantage and commoditie be his service in all time cumming. IT IS STATUTE and ordained, that quha ever hes received onie summes of money, landes, benefices, or guddes, outher belangand to his Hienes or his Regentes, and utheris, havand his richt and power, for the randering and delivering of his Hienes proper Castles and strengthes, with his Ordinance, Munitiones, and Jewelles, being theirein, sen his Hienesse Coronation, or that happenis to make ony sik contract or merchandice in time cumming, directly or indirectly, sall be halden to rander and deliver againe that quhilk they have received, or sall happen to receive, to the behoove of themselves, or ony of their aires, or the availl theirof to his Hienes, and his Successoures, being properly his awin, or to his said Regentes, or uthers, havand his Hienes richt and power, their aires and executors, upon cognition had that the thinges given for the said cause, perteined properly unto them, to be bruiked and joised be them, and their aires, in-case they be capable theirof, or utherwaies to be disponed at their pleasures. And that his Hienes and they, sall have gude action for repetition theirof, as necesasarilie given be them for the time, to eschew greater inconvenientes, and it wrangeouslie received be the takers, for unlauchfull causes.

ORSAMEIKLE As be ane Act of Parliament maid at Edinburgh the first day of Februar, The zeir of GOD, M. D; LI. zeires: IT IS statute and ordained, that na maner of Taverners take upon hand, to make onie mixtion of onie auld Wines and new Wines, or put ony Water in the same, under the