Page:The Laws and Acts of Parliament of Scotland.djvu/333

 TWELFTH TARLIAMENT. V. of Judij. 1591. 3 ii extended alfweill to the defenders obteinand abfoivitour; as to the parties perfewares, bbfeinand de- creete condemnatour. 145. That obteiners of gift es of efcheittes, pay the debt conteined in the homing, quhair* upon the gift proceedis. ITEM, It is ftatute and ordained, that all intromettours with onie mans efcheitte, be gift, afllgnation, or utherwifc, who takis pofleffion of onie part or portion, of the denunced perfones landes, guddes or geir in ony wife , fall be halden to pay the debt , conteined in the horning , quhair-upon the gift of elcheit proceeded and fell; And that letters be direct fummarlie, againft the donatoures aflignayes, or intrornettoures , with onie part of the efcheit, at the parties inftance, upon fex daies warning , to heare the famin decerned , or elfe to allege ane caufe quhy. 144. For punifhment of the receipters of traytoures and rebelles. IT IS Statute and ordained be OUR SOVERAINE LORD, with advife of his Eftaites in this prefent Parliament; That all former Lavves and acles oi Parliament maid of before, againft the receipters of Traitoures and Rebelles, and puniiliment of them quhilk contemnandlie remainis at the home , fall be put to dew execution in all pointes. And fpeciallie, quhair ever onie declared Traytoures or Rebelles re- pairis in onie parte of this Realme, nane of our SOVERAINE L O R D I S Lieges , fall pre- sume to receipt, fupplie, or inter-commoun with them: or to give them meatc, drinke, houfe, harberie, or onie reliefe or comfort, under the fame paine, for quhilk they ar fore-faulted, or put to the home : And that immediacy upon knawledge of their repairing in the bounds, that all his_Hienefle obedient fubjeftes, do their exaft diligence at the utter-maift of their power, in fearching,feeking,taking and apprehending of the faidis declared Traitoures and Rebelles, and prefenting of them to Juftice: Or in following of them, quhill they be taken or expelled, and put foorth of the Schire : And immediatiie to make intimation to the Magiftrates and perfones of power and authoritie in the nixt Schire: Quhilk fall be halden to do the like exacl: diligence without delay, And fa fra Schire to Schire , quhill they be apprehended and brocht to Juftice, or expelled and put foorth of the Realme. And further, quhen ever onie maner of Traitoures, Rebelles, or unknawin men, vagaboundes , happenis to rcpaire in the Countria , all his Hienefle Lieges, knawing them, or amangft quhom they refort, fall with all poflible fpeede certifie his Majeftie, or fumofhisfecreit Councell, or fum of the chiefe perfones of authoritie and credite, dwelling within the fame Schire: That fik perfones (gif they be knawen) ar within the fame : And gif they be unknawen fchawand their takens, and for quhat caufe they pretend themfelves to be wandring athort the Cuntrie, or lurking in onie part : under the paine, that the Traytoures , Rebelles and vagaboundes , aucht to have fufteined in bodies or guddes themfelves, in-cafe they had bene apprehended , prefented and convicted be Juftice. i4£. Ksinent the efcheittes of Rebelles, OUR SOVERAINE LORDE, with advife of his Eftaites in this prefent Parliament, ftatutis andordainis, that na afllgnation, or uther evident alleged maid in defraud of the creditour, fall be a valiable title to perfew or defend with , gif it fall be then inftantitc verefied bee writ , that the cedent remainis Rebelle and at the Home, for the fame caufe un-relaxed : Nor na gift of efcheitte , afllgnation or uther richt, proceeding thereof, alleged maid in defraude of the creditour, and in favour of the rebell, fall be valiable title to perfew or defend with, gif it fall be then inftantlie verefied be writ, that the rebell remainis ftill at the home, for the fame caufe; As alfwa it fall be an relevant exception, againft ony pretending title there- to, be ailignation or gift of efcheit of the rebell, to allege that the laid rebell himfelfe, his wife, bairnes, or neare friends remainis in poflefllon of his tackes and guddes, to his awin ufe and behoove. And in-cafe efcheittes or life-rents fall happen to be given ony utherwaies, nor to the behoove of the party offended • the Thefaurer fall be halden to make the dilpofition to an refponfal perfon, quha fall be debtor to the partie , at quhais inftance the horning is led for his debt : Or the Thefaurer (gif he thinkis gud) fall take gud fufficient kaution for his reliefe: And in-cafe the donatour fall not be found refponfal in landes or guds : OurSove- jraineLord, with advife of his Eftaites, declaris the gift to be null. And becaufe perfons convict, orftand- ■ing rebelles for treafon, murther, flauchter, or uthers odious crimes , commounlie lies the fruition of their guddes, debts, tacks , Headings and poflefllons , their houfes ftill bruiked and pollened be tlieir wives ,. Bairnes, or tender friendes, to the defraud of the Law, of the profite of the Croun, and encourageing of wicked men , after committing of mifchievous deedes; And that under prctCnfe and cullour of fraudfull dif- pofitionesoraftignationes, maid be their felves, or giftes of their efcheittes, fimulatlie purchased or trans- ferred in favour of themfelves, their wives, bairnes, tender friends, or weill-willers , to their commoditie ind behoove, forremeidquhairof, our Soveraine Lord, with advife of his Eftaites , ftatutis and ofdatnis; [hat the faidis fraudfull and fimulat difpofitiones of efcheittes, or ony thing following thereupon, fall not erve to nurifli and fufteine the faidis Traitoures and rebelles, in their contempt and rebellion; but that it fall )e lauchfull to his Hienes and his 1 hefaurer, to intro met- with , and up-take the faidis efcheit -guddes , geare tnd debts, remaining in the poflefllon of the perfon be quhais deedc andoccafionitfell: Or of his wife, Xx x bairnes;