Page:The Laws and Acts of Parliament of Scotland.djvu/264

 x^z KING JAMES THE S E X T tobetaneoftheflauchter, blude-fched, orinvafion, before die Juftice , or uther criminal! Judge, com- petent thereto, be conviction, or beand fugitive and put to the home. And gif the decreete be given, the fame to beunreduceableforever. And gif the perfewer flay, wound to the effufion of blude , or invade the defender, as it is above written : Orbeairt, pairt, red, orCounceltheirof, cognition being tane, as faid is, in that cafe the defender, or in cafe of his deceafe , the neareft of his kin , able to fucceede in that richt , fall have abfolvitour fra the libell of the perfewer fimpliciter , againft the quhilk the perfewer , nor na uther be his richt, fall ever be heard be way of reduction or reftitution in integrum, in ony time thereafter, quhat age , condition , or qualitie that ever the flayer , drawer of the blude , or invader fore- faid be of, The proces of transferring in the caufes above written refpetlive, to be upon ane fifteene dayes warning, but diet, table, or continuation of utheris fummondes. And gif the flayer, fcheddcr of blude, or invader, as faid is , hes landes or life-rentes , and beis denunced rebell , and put to the home , for non- finding of fovertie, or non-comperance to underly the Law, for the faid flauchter , blude-fched, orinva- fion, in that cafe the flayer, fchedder of blude , or invader, incontinent after the denunciation fall tyne the lyfe-rent of his landes, benefice, office, and utheris rentes , and commodities quhatfumever for his lyfe- time, without ony farder delay of zeir, and day, as in uther caufes of tinfell of lyfe-rentes, throw being zeir and daye at the home. Attour our Soveraine Lord, be the faith, and duetieofaneChriftiane Prince, promifis to give na refpett, nor remiffion to the offendares in fik caufes. And gif his Majeftie or his fuccefiburs dois in the contrare, ( as is not beleeved ) the ufmg of the faid refpett , or remiffion be ony of the parties , perfewer , or defender , fall be the like caufe, and of the famin effect. , as their conviclion, for the caufe abone fpecified, And this act and ordinance to iridure for the fpace of feven zeires immediatlie hereafter. And to be confirmed in his Hienes nixt Parliament, to have the ftrength, and effect of ane act thereof, and to be obferved , as ane per- petual! Law, in time dimming. 139. j/fne At~l anent the better execution of Decreetes. UR SOVERAINE LORD, with advife and confent of hi sHienes three Eftaites of this pre- 1 fent Parliament, hes ratified and apprieved , and be the tenour hereof ratifies and appreivis the Aft & ftatute uuderwritten, and decernis, and declairis the famin to have the ftrength , force , and effeft of ane Aft of Parliament, Of the quhilk the tenour. followes. At Edinburgh the twentie three day of Marche , The zeir of God ane thoufand, five hundreth , fourfcoir tvva zeires. The quhilk day in prefence of the Kinges Majeftie fittand in Judgement, and Lordes of his Hienes Councell , and Seffion compeired Maifter "David CMakgill oiNisbet, and in his awne name , as Advocat to his Majeftie , and in name of his Hienes maift faithfull , humble , and obedient fubjectes of his Realme , exponed , and declaired , how it was heavelie meaned be his Majefties faides fubjeftes, that after the tedious , chargeable, and langfum perfute in obteining of their decreetes , the malice of perfones had dayliefwaincrefced, be making of fimulat, and fals affignationes , of their moveable guddes , fraudfull and private alienationes of their poffeffiones , landes, and heritages , That the execution of ail decreetes given be quhatfumever Judges , within this his Hienes Re- alme -, altliocht obteined be maift langfum proces , wer altogidder fruftrat , at leaft fwa delayed , that parties war in na better cafe , after the obteining of the faides decreetes , nor gif the famin had not bene given , the faides mamfeft fraudes , and daylie invented collufiones , being the ftay of Juftice , quhairof the principall parte Hands in execution. Forremeidofthefame, confederation being tane be his Majeftie, with advife of the Lords of his Hienes Councell and Seffion, to quhom be his Majefties maift noble Progenitors , King JAMES the Fifth of gude memory, erefter of the Colledge of Juftice , with confent of Parliament, the concluding upon rules, ftatutes, and ordinances, for expedition of Juftice was committed. Therefore his Hienes, with advife & confent forefaid, hes ftatute and ordained , that for execution of all decreetes , afweill given be the faidis Lordes, in ony time bygane, as to be given in time cumming : And fik-like of decreetes given , or to be given , be quhat-fumever Judges within his Majefties Realme , quhair-unto the authoritie of the faidis Lordes of Seffion lies bene, or fall happen to be interponed : That letters alfweill of horning , as poynding , the ane nocht prejudicial! to the uther, fall be directed at the will and pleafure of the partie obteiner of the decreet, quhidder the fame be given upon liquidate fummes , or that the execution their- ofutherway.es confift in facto. And that na fufpenfion be granted upon the execution of the faidis de- creetes, without reall offer be firft maid to the partie , in quhais favourcs the execution of the faidis decreets is directed, and the parties refufe , fufficiently verefied to the faidis Lordes , confignation al- wayes being maid, as ufe is : And that according to their late ftatute and ordinance , quhilk his Majeftie, with all utheris their ftatutes and ordinances maid for expedition, and execution of Juftice, ratified, and appreived. Providing alwayes, that confideration be had upon the fpace and dayes of the charges , and that according to the diftance of the defenders dwelling places, and the quantitie of die fummes conteined in the faidis decreetes. 114. Addi-