Page:The Laws and Acts of Parliament of Scotland.djvu/270

 z 4 8 KING JAMES THE S E XT tieiauchfulliefummoned, and not compeirand, is likewife decerned , todefiftandceafefraallfarder mole- ftation, or troubling of the faidis tennentes, for oucht that the faidisLordes then had feene. Be the quhilk decreete, the parties compeirand , lies undoubted richt to the mailles and deuties of the landes , ay , and quhill he be warned at the inftance of the uther party, and better richt fchawen. And becaufe mony zeires , after the giving of the fame decreet, the partie quha was lauchfully fummoned , and be contumacie was ab- fent, hes intended action tor reduction of the faid decreete, from the beginning : And confequently * for compelling of the partie obteiner thereof, to rander and reftore the haill profites of the landes, intromet- ted with be him, of mony zeires, exprefTc againft the provifion of die commoun Law, andgude reafbni; That he quha compeiris and obeyis the Judge, fall be in worfe cafe, nor he quha contemned the Judge- ment, and abfentis him there-fra* For remeid quhairof , It is ftatute and ordained , that quhair-ever the partie not compeirand, is lauchfullie fummoned, and fchewis nocht richt, he fall not be heard to retreat and reduce the faid decreete, nor zit fall be reftored againe to the fame : Except he have an neceflary caufe of his abfence, & nocht compeirance quhen he was fummound, not zit fall have ony action for the by-run profites, intrometted with, be the obteiner of the decreete , fra the obteining thereof. And he quha ob- teinis the faid decreete, fall onely be oblifhed to anfwer the uther partie compleinand in the fecund inftance , according to the richt, quhilk is then competent in his perfon , & quhilk he fall fchaw and produce Valziable to brink f at the time ot his complaint and lute, and na utherwayes. And that this ordour be keeped & ob- ferved> before the Lords of Seffion, & uther Judges, aseffeiris, nocht only in all fik queftions, as may oc- curre hereafter : But als in all matters of the like fort, by-ganc intended, or to be intended, dependant and undecided before the faidis Lords of Seffion, and uther Judges ordinar. It is alwayes provided, that gif the partie called, and not compeirand, in the firft inftance be minor , and have tutours and curators, he fall have his action for his damnage and intcreft fufteined be him, throw his non-compcirance , againft his tutours and curatours allanerly. And gif the perfone being minor, having na tutour nor curatours, fall, have their remeid to be leftored.gi integrum, as accordis of the Law, upon reafonable caufe pro- poned to that effect. a. Writtes ordained to be regiftr at, neceffarly Juld nocht be fealed. Infirumentescffeafing ar valide, albeit they be nocht fubferibed be twa Not arcs. TH E Kingis Majeftie, with advife of the three Eftaites of this prefent Parliament , exponis and dedans, that the act anent the fealing of writtes of importance, isnochttobeunderftand of fik writtes, contra* ctes, or obligations, as ar be the parties agreed upon, toberegiftratinthe buikesof our Soveraine Lordis Councell: or uther ordinar Judges, feeing the parties confents to regiftrat the fame. Quhilk is ane greater folemne Act, nor the fealling thereof. And that the non-fealing ot the fame, fall be na exception againft the validitie of the faidis writtes, being fubferibed be the parties, and agreed on, to be regiftrar, as faid is. Quhilkis his Majeftie and Eftaites forefaidis, decernis to neede na fealles. Neither that the faid aft, anent the faidis writtes, to be fubferibed be twa Notaris , fall be extended to inftrumentes of feafing , quhair-unto anefaithfullNotar, with ane reafonable number ofhoneft and famous witnefies is fufficierit. And this de- claration to be obferved as ane Law, in all times cumming. 5 . The eaters ojflejh in forbidden times, fuld bepunifched be ejeheiiting of 'their guddes. IT IS ftatute and ordained be our Soveraine Lord, with advife of his three Eftaites, that namaner of per- fon nor perfons his fubjectes, of quhat Eftaite, degree or condition that ever they be of , fall prefume or £ak upon hand, to eate ony maneroffleth in time cumming, on Wednif-day, Friday, or Sette-rday , or in the time of Lentron, under the paine ot confifcation of all their moveable guddes to our Soveraine Lords ufe , &'. that his Majefties 1 hefaurer, caufe inquire , fearch and feeke , the contravenares of this prefent act , call & accufe them therefore : And they being convict, to arreift and uplift the faid paine upon diem, with all rigour, in exemple of utheris. 6. IDiJfolution of annexed landes. FORSAMEIKLE As in auncient times, our Soveraine Lordis maift Noble Progenitoures , with con- fent of the three Eftaites of Parliament, have judged it maift convenient fot the weill of the Realme , that every Free-halder, Spirituall and Temporal! , uild fett their landes in few: And that our faid So- veraine Lordis Predeceffbures, of maift noble memorie, being for the time, be fetting of their landes, alf- weill annexed, as un-annexedinfew-ferme, fuld give exemple to his free-haldcrs to do the like. And to that effect in diverfe Parliamentes, haldenin the dayes of our Soveraine Lordis Progenitoures forefaidis, The annexation and union of landes to the Crown, werediffblved, and now our Soveraine Lord , fcllow- and the tread of his faidis Predecefloures, for the great defire quhilk his Hienes hes , that policie fuld increafe within his Realme, hes be the advife of his faidis three Eftaites in Parliament, diilolvcd, and be the tenour of thir prefentes diflblvis, the union and annexation , of quhat-fumever Landes, Lord-fchippes, Barronnies, milnes , miltures , fifchinges, maid to the Crown , in this Parliament halden in his awin time, or in the dayes of quhat-fumever his Hienes maift Noble Progenitours ; 1 o the effect that the famrn Landed