Page:The Laws and Acts of Parliament of Scotland.djvu/372

 35"° KING JAMES THE S E X T zeirofGod, anethoufand, five hundreth, ninetie audit zeires, exhibite and produce to die Thefaurare of augmentations , and his deputes , their infeftmentes and titles, quhair-by they bruike and poflefle the faidislandes : To the effect his Hienefle and his faidis officiates may be infpection thereof , underftaiide the dewrie quhilk they , and ilk ane of them audit and fuld pay to his Hienefle s The qnhilk Gierke, fall ex- tract ane minute thereof: And all the fpeciall claufes and provifiones gif ony be conteined in the faidis infeft- mentes , to remaine with him , as ane trevv and authentick rentall , of his Hienefle Temporalitie in time cum- mins; : And gif ony of the faidis fewars tailzies in the premifles , the infeftment of few-ferme , and all uther richt and titlequhilk he can alleage and pretend to the faidis landes , to be null; and of nane availe , force nor effect, be way of exception or reply : and it fall be leafum to the King and his Thefaurar forefaid, to intromet, lift, and uptake the mailles, fermes, anddewties, atthetermeandfeafcof/F/^-j^W^, nixt and imme- diate following, the faid firft day oljanuar forefaide : And ordainis that this aft e fall be imprented before the firft day of Maij nixt-to-cum : Or failzieing thereof, fall bee openly publifhed at the heade Burgh of ilk Sehire : And that the famin fall not be extended to ony perfon, quha lies produced and fchawen their hal- dinges alreadie. ^4<S. Attfewes may be decerned null; for not payment of the dewtie, albeit naproi'i- fion be maid there-aneut in the infeftments, OOR Soverainc Lord, and Eftaites of this prefent Parliament, haveand con federation of thegreate damnage and skaith, quhilk his Majeftie and lieges of this Realme fufteinis , throw evill and untimous pay me nto i the lew dewties of their landes, fet in few-ferme • Therefore ftatutis and ordainis, that in-cafg it fall happen in time dimming ony vailail or fewar, haldand lands in few-ferme , of our Soveraine Lord , or oi ony uther fupenour immediathe in few-ferme , to failzie in making of payment of his few dewtie to our SoverainLordt> Comptroller, or uther havand power of him, or to uther immediate fuperiour , or uthers liavand power of him, be the fpace of twa zeires, haill and togidder : That they fall amitte and tine their faid few of their faids lands, conforme to the civill and cannon Law : Sik-like and in the fame maner , as gif ane claufe irritant were fpeciallie ingrofled and infert in their faidis infeftmentes of few-ferme. 4 4 7 . It is not leafiim to take mair annuall-rent or profit e, nor ten for the hundreth. OUR SOVERAINE LORDE, And Eftaites of this prefent Parliament, havand confidera- ration, that exorbitante profite and ufurie taken for the lene of money : Is nocht onlie bee the Lawe of GOD condemned, bot alfwa is forbidden bee the Lawes of this Realme, and Actes of Parliament : Therefore ftatutis and ordainis, that nane of our Soveraine Lords lieges take upon hand in ony time here- after, to take ony greater profite, or annuall-rent, for the lene of money , outlier be infeftment , or be: band or contract, directly, or indirectly , bot ten for the hundreth, under paineofconfifcation of all their moveable guddes and geare : And to be uthenvayes punifhed in their perfones, as commoun ockarers, according to the Lawes : And for that effect, to be called and perfewed at particular diettes , before the Juftice and his deputes, to underly the Lawe for the famin, And that all infeftmentes , contractes , andi obligationes to be maid in time cumming, for payment of annuall-rent of victuall : That the victuall therein conteined, fall be reduced to fik conformitie of price , as fall anfwere to ten for the hundreth allanerlie : Swa i that the partic addebted , payand ten for the hundreth, the famin fall be als lauchfull , as gif they had payed the vi<tuall conteined in the faidis infeftments. And becaufe there is divcrfe perfones', quha obreinis them- felvesinfeft in the propertie of landes, forfmall fummes of money, under reverfion: andfettis tack back againe to the heretour, or uthers to his behoove , for payment of ane great dewtie in filver Or victuall, far exceeding the profite of Ten, for ilk hundreth : As alfwa be contract , band or obligation , makis fimulat forme, oi byeing or felling of victuall, to be delivered at ane certaine day, and failzieing thereof, certaine high prices iiquidat therein, of intention onely in defraud of the faid act , to recover with their principall fum- me, fik exorbitant ocker and profite, as is clircctlie forbidden herein : As likewife there is diverfe perfons, quha the time of die deburfing of the faidfumme, quhilk they let to profite, aggries with the partie for the ufurie and ocker, far exceeding the ordinarannttall-rentforelaid, and reteinis the fame in their handes, and akis their fecuritie be plain forme of obligation, oruthervvayes of the haill fumme to be payed at ane certaine terme, as gif na fik exorbitant prorite and ocker had bene deduced or allowed therein : There- fore ftatutis and ordainis, that all fik infeftments , bandes , contractes , or obligationes , quhilk fail hap- pen to be maid, in maner forefaid , in defraud of the faidis acts and ftatuces , and for circumvention of the lieges, aftrktand them to pay farder profite in filver , nor according to ten for the hundreth : or mair victuall, nor may be anfwerable in price, to the annuall-rent in filver forefaid , in maner abone fpecified , fall be null, and of nane availe, force nor effect , as gif the famin had never bene maid : Notwidiftanding quhat-fum- ever uther culloured or pretended claufe be infert therein : And the faid nullitie upon the cauies fore-faid; to be received fummarlie, alfvveill be way of exception and reply , as be way of aition , and to be tryed be the aith of partie, and all uther lauchfull probation conjoyned therewith , competent of the Law; quharrby the faid un-lauchfull ocker may be verified to the Judge, and the faid nullitie to be perfewed be the