Page:The Laws and Acts of Parliament of Scotland.djvu/269

 NINTH "PARLIAMENT. XXII. of ^Auguft. 1584. z 47 as laid is, or their predeceflbures. And to the effect that the faid five zeires pofleflion of the faidis perfones, as heritable pofleflburs, maybe fufrkiently verified and prooved, our faid SOVERAINE LORDE, and his Succeflbures , fall, at all times needefull and convenient , at the inftance of his Advocate, orquhat utheris his Lieges , having intereft , direct commiiliones under the teftimoniall of the great Seale , in dew and competent forme , makand fik perfones as his Hienes , be the advife of the Lordes of his fe. creet Councell, fall finde maift meete and expedient his Schirefles in that part, totak cognition be ane condigne affile , of the Schirefdomes quhair the lands lies , or utheris leafl fufpecled, quhabefl knavvis die veritie, quhatLandes, Lord-lluppes, and qvihat heritages war bruiked and poilefled be the faidis per- fones convict or to be convicted of treafon, and war bruiked be theminmaner forefaid, as heritable pof- feflbures thereof, Sa commounlie halden, repute and efteemed, be the fpaceofthe faidis five zeires, im- niediatelie prececding the procefTe and fentence of forefakour led, and to be led againft them, quhilkes ar or fall happen to be heirafter convicted of treafon, as faid is. And quhat Lands war bruiked be the perfonis, to quhome OUR SOVERAINE LORD and his Succeflburs , may or fold fucceede as aires through forefakour led , or to be led againft them for treafon , as faid is. And to call all parties havand or pretendand intereft. Quhilks perfons ofAffife, fall give their finall determination thereupon before the Judge : quha fall interpone his decreete and authoritie thereto. And thereafter fall retoure the fame to his Hienes Chancellarie, under the fealles of the faidis affile , quhair the fame fall remaine , ad perpetiiam ret memoriam. And fall in all times thereafter make als full faith in Judgement, as out- vvith : and be of als great flrength, force and effecl: , to OUR SOVERAINE LORD, and his Succeflburs, and utheris havand richt , be their difpofition , for bruiking of the faidis Landes , Lord- ihippes, heritages and annual-rentes , as gif the heritable infeftments , charters and feafinges thereof, maid to the faidis perfones forefalted, ortobeforefalted, as faid is, or their predeceflburs, war fchawen& pro- duced in Judgemente. And as concerning takkes and pofleifiones of lands and teindes, bruiked and poflef- fed be the faidis perfones fore-faked : or the perfones to quhome our fcid Soveraine Lord, and his Succef- fours folde or may fucceede, as aires throw iorefakour led, or to beied againft their narreft aires : It is ftatute and ordained that letters be directed , be deliverance of the Lords of his -lienes fecreet Councell , at the inftance of his Hienes Comptroller , Or fik as hes obteined , or that fall happen to obteine, be OUR SOVERAINE LORDIS gift, the richt ot the faidis takkes and poileffiones , Chargeing the poflef- foursofthe faidis lands and teinds, to enter the faide Comptroller or Donatour thereto: To be peaceablie pollened and bruiked be them : ay and quhill thay be lauchtullie called, and ordourlie put theirfra be the Law, within ten dayes nixt after the charge, under the paine of rebellion and putting of them to the Home : And gif thay failzie therein, I he faidis ten dayes bcina; by-paft ; 1 o denunce them rebelles , and efcheit all their mooveabie guddes to his Hienes ufe. And that they fall not be altered, heichted in maill or dewtie , or re- moovedfra the faidis takkes or pofleffiones of Landes, or teinds, for the faid fpace of five zeires. That in the meanetyme thay maie have time and commoditie to fearch and feek out the takkes, richtes, titles and provifiones of them, quhom of their richt , and fecuritie proceedis : and quhais place they fucceede unto, be forefakour and efcheit, as faid is. Quhairby they may mainteine and defend their richt or poileffion of the landes or teindes acquired, as faid is. And that alwayes the fruites of the faidis landes, rowmes and poffeffi- ones, for the faid fpace of five zeires , fall apperteine and remai ne with our faid Soveraine Lord , & his dona- tour for ever. And becaufe his Majeftie & his donatoures may be greatly defrauded : As alfo vafTalles & fub- vaffalles to fewars hurt, through the abfenting and ab [tracking of the evidentes & rightes of the perfons fore- falted: Sum pretending to claime annuall-rents, and few dewties of landes , fallen in fore-fakour , of many zeires preceeding: Quhilkis probable!} ar taken away be pofteriour richtes or difcharges, confiled or ab- ftra&ed be the faid perfones fore-faked. I herefore it is ftatute and ordained, be our faid Soveraine Lord , and his three Eftaites: That na perfon prefented be our Soveraine Lord, to few-landes fore-faked, nor ony vaflailofony fewer fore-faked, fall be compelled to produce the acquittances of few mailles, orannuall- rentes, of their fore-faked landes , of ony zeires preceeding the fore-fakour of his immediat fuperiour : Nor zit of ony zeires fen the faid landes come in his Hienes hands, be reafon of the fore-fakour : notwithftanding, ony claufe irritant, conteined in the infeftmentes , or titles of the fore-faked perfones , quhilkis were obfeure to the perfones prefented be his Hienes, andfub-vafTallesforefaidis: They alwayes payand the faidis an- nuall-rentes, or few dewties for the time to-cum , how foone it fall be verified , that the landes were fa oblifh- ed be the infeftmentes of the faidis perfones fore-faked, abftra&ed , as faid is. 3. In caufes of double poynding 'tthepairtie quha is lauchfullie fummoned, and 'compeiris not , fall not be hearde in the fecond inftance. FORSAMEIKLE As complaint being mooved, at the inftance of tennentes of landes , againft di- vers parties, be quhom they ar charged, poynded and diftreinzed , for their mailles and dewties: And of the parties compleined upon compeirand, and fchawand their richts and titles of the landes : and the uther being lauchfullie fummound, and not compeirand, the partie compeirand, is ordained to be an- fwered and obeyed of the mailles and dewties of the landes, being in queftion , according to his richt and title then fchawen and produced : Not fimpliciter, but with this limitation, for oucht that the Lordes of Councell or uther Judges ordinaris , before quhome the faide action dependis, had feene. And the uther par- N n 2 tie