Page:The Laws and Acts of Parliament of Scotland.djvu/36

22 127. Of the nature of the briefe of inquest and saising. TEM It is ordained, that the samin statute maid upon the proclamation of the inqueist be keiped upon the briefe of saising: that is to say, gif the briefe be presented to the Schireffe or Baillies in the head court, that it be served incontinent. And gif it be presented on ane uther daieout-with the court, that it be cryed on fifteene daies warning. And gif it be neir Whitsunday or Martine-mes, the saising sall be given, and the partie connate sall be privileged to break saising of fee and heritage fyfteene daies after, and of the conquest fourtie daies after that cause, sa that the breaker be in saising of before.

128. All persons remainand in England, without the Kingis leave, committis treason. TEM, It is statute, that gif onie of the Kingis lieges passis in England, and residis and remainis there, against the Kings will, he sall be halden as traitoure to the King.

129. Of sovertie asked be onie par tie of uthers. TEM, It is statute and ordained, that gif onie of the Kingis lieges hes orry doubt of the life, outher be deed or mannance, or violent presumption, and he ask sovertie of the partie, that the plaint is maid upon, sa that the partie plantife mak pruif of the deed, or mannance, or of the violent presumption maid or done till him be his aith, or uther sufficient pruife, and the Schireffe do not that effeiris till his office in that case, he sall be in fourtie pund to the King, and assyith the partie.

130. Free-halders or their Attourneyes suld be present at the Schireffes head Courtes.' TEM, It is statute and ordained, upon the serving of inqueistes and Retoures againe to the Kingis Chappel, that all Free-halders dwelland within ony Schireffedomes, compeir at the head Courtes, in their proper persones with their seales: Bot gif it happen them to be absent upon a reasonable cause. And gif onie be absent in that case, that he sende for him a sufficient Gentle-man, his Attourney, with the seale of his Armes, and swa in Schireffe-courtes set upon fifteene daies warning. And gif it happenis that the Court be waik, and not sufficient in the Ryal within the Schireffedome, the Gentles of the Regalities fall compeir at the warning of the Schireffe, without prejudice of the Regalitie, and enforce the court. And they that audit compeirance, and compeiris not, sall be in ane unlaw of the Court.

131. Salmond fishing is forbidden except in Solway and Tweede.

TEM, It is ordained, that the statute of fishing of Salmond, maid be the King that now is, and the three Estates, be firmelie keeped, ay foorth, quhill it be revoked be the King and the three Estaites of the Parliament, out-takand the waters of Solway and Tweede, quhilkis sall be reddie to all Scottes-men all times of the eir, als lang as Berwick and Roxburgh ar in the English mennis handes.

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