Page:The Laws and Acts of Parliament of Scotland.djvu/34

20 113. Of the execution of Summoundes, and verification thereof.

TEM, It is statute, that the summonder sall summond, & make his rehearse in course, quhidder he likis be writ or toung, keiping the sex termes of Summoundes: Swa that he have sufficient witnesse of diverse Barronnies, as is contained in the Lawe, the quhilkis sall sweare in Court, that they bystude, saw and hearde, and for witnesse were tane, quhair that Summoundour maid the Summoundes, in maner and forme, as is conteined in that writ, and he sall have freedome to reade the Summoundes, or gar reade them gif he cannot, but onie exception.

114. Anent exceptiones and substantial heades of the Briefe.

TEM, It is statute and ordained, that fra thine furth their sall nane exception availe against the Kingis brieves, quhidder they be lang written or schort, swa that they halde the forme of the brieve, statute in the Law of before, congruit and not raised, nor blobbed in suspect places, that is to say, in the name and the surname of the follower, & of the defender, and the name of the land, or of the cause, upon the quhilk the brieve was purchased, and the dait.

115. Of essonies to be maid in Court.

TEM, It is statute and ordained, that there sall be nane Essbneour admitted in courte, but gif he have a power specified for that cause, for him that he essonies, and finde Burrowes to prove his essonie, at the nixt court, as the Law requiris. And nane essonies to bee admitted in court, bot the essionies statute and written in the Law of before, or gif a pure man fall suddenlie seik, twa leill men, his Nichtboure, or his Paroch Priest sall sweare it, and that to be admitted for that daie.

116. Anent a Borgh to be founden in court.

TEM, It is statute and ordained, that quhair a Borgh is founden in a Court, upon a weir of Law, that the partie defender, as to than Borgh, sall have freedome to be advised, and ask leave thereto, and sall have leave and quhidder he will be advised within Courte or without Courte, find and Borrowes of his entrie, and his answere within the houre of cause, at the consideration of the Judge and the Court.

117. Of the doomes falsing.

TEM, It is statute and ordained, that quha a will fals doome, all not remoove out of the place he stands in, quhen the doome is given, nor it be advised with na man, qhuill the doome be againe called, and that sall be that a man may gang easely fourtie pase, & to be considered after the consideration of the Judge and the courte, and gif it be againe called, be ane Advocate of the partie, hee beand admitted anis to speake for that partie in the Courte be name and surname, it sall not neede him to rehearse his awin name, nor the Dempstaris in the doome falsing, bot allanerlie to say, THAT DOOME IS FALS, STINKAND, AND ROTTEN IN THE SELFE, AND THEIRTO A BORGH, and assigne a reason, protestand for maa.

118. He quha reconteres ane Borgh, and absentis himselfe thereafter, tynis his action.

TEM, It is statute and ordained, that quhair two parties appearis at the Barre, and the tane stryke a Borgh upon a weir of Law, th'other partie fall have leave to be advised, gif he will aske it, quhidder he will recounter it or not, as is foresaid: and gif he recounters the Borgh, and strenthins it with reasones, hee and his partie be remooved the Court. And gif it happenis them baith, or ane, till absent them, and cum not againe to the doome giving of the decreet, quha sa at the doome giving, cummis not againe, sall remaine in ane unlaw of the Court, and tyne the action, for the quhilk the Borgh was foundin, and the recounter never to be harde nor have remeid to againe say that doome.

119. Anent the persones that sall weare claithes of Silke and Furringes.

TEM, It is statute, that na man fall weare claithes of Silk, nor Furrings of Martrickes, Funies, Purry, nor greate nor richer furring, bot allanerlie Knichtes and Lordes of twa hundreth markes at the least of eirlie rent, and their eldest Sonnes and their aires, but special leave of the King, asked and obteined. And none uther were broderie, Pearle, nor Buleone, bot array them at their awin lift in all uther honest arraiments, as serpes, beltes, broches, and cheinies.

120. Anent the persones that sall be haill harnished and weill horsed.

E The advise of the haill Parliament it is statute and ordained, that ilk man that may dispend eirlie twentie pund, or an hundreth pund in movable gudes, that he be weill hosfed, and haill harnished, as Gentle-