Page:The Laws and Acts of Parliament of Scotland.djvu/395

 S EXT E NTH PARLIAMENT. XV. 'of November. 1600. 37; adnltene, from their lawfull fpoufes, with the perfons with whom they are declared by fentence of the or^ dinar Judge to have committed the faid cryme and fad of adulterie, to be in all tyme comming null and un- lawful in themfelves, and the fucceflion to be gotten be fik unlawfull conjunctions , to be unhabile to fuc- ceed as heires to their faids parents. xi. Regifters of the Schirefe Clerks to be marked by the Clerk of Regifter and his deputes, and their extracles to be marked by them/elves. THAT all and whatfomever SchirefFes Clerks in all tymes hereafter, fhall prefent their Regifters to the Clerke of Regifter to be marked by him and his deputes. And whatfomever regiftration to be fub- fcryved hereafter by them, upon whatfomever letters together with whatfomever extracts fhall be given forth thereof to any perfon, mail conteine in all tyme comming, the leafe wherein the famine is regutrat, and this ordour to beginne from the firft day of March next ; within the whilk, they and every ane of them fliall prefent their faids regifters to be fa marked. And that nane of them fubfcryve their regiftration upon any letter, or give forth any extract fubfcryved with their hand after the forefaid day, unfpecilyina the leaf wherein the famine is conteined, within their Booke, marked as faid is, under the paine of an hundreth markes, toties, auoties. But prejudice alwyfe of the homings whilks the faids Clerks omif lion, or negtect in this behalfe , fhall nowyfe make invalide. xx. o Aft anent removing and extinguijhing of deadly fe ad. UR SOVERAIGNE LORD, and haill Eftaites of Parliament prefentlie conveined, for re- moving of the prefent feads that abounds within this Realme. Finds it meet and expedient that the par- ties be charged to compeir before his Heighnes and fecret Counfell, at fik dayes as lhall be thoght expedient, to fubmit to twa or three friends on either fide ; or to fubfcryve ane fubmiilion, formed and fent by Ins Maje- ftie to them to be fubfery ved. Whilks friends by their acceptation fliall be bound either to decerne within the fpace of threttie dayes, after they have accepted, or elfe to agree at their firft meeting , on ane Overf-man wha fhall decerne within diat fpace: whilk if they can not doe, they fliall within the forefaid threttie dayes, report the ground and caufe of their difagrement to his Majeftie, and fik fpecials of his Counfell as his Heigh- nes fhall flnde leaft partial and fufpect (Whaes Majeftie by the advyce of the Eftaites here prelent, is decla- red to be Overf-man in that matter.) Andfailying, that the friends arbitrators, either decerne or report not Within the forefaid fpace after their acceptation, every ane of them by the authoritie of this prefent acte, to incur the paine of ane thoufand pounds , to be imployed to his Majefties ufe. And becaufe all leads are ane of tliir three natures, namely that there is either na flaughter u pon neither fide , or flaughter upon ane fide only; or elfe flaughter upon both fides. The parties in the firft may be commanded to agree, duefatis- faftion being offered, and performed at the fight of friends , and overf-man in maner forefaid. Where there is flaughter upon both fides, his Majeftie may by rigour and equalitie of Juftice, compell them to agree , due Satisfaction to be made on either fide, according to the qualitie of the offence , and perfons offended. Where the flaughter is onely on the ane fide, the partie grieved can not refufe in reafon to fubmit in maner forefaid , all quarrell he can beare to any perfon innocent, Juftice being made patent to him againft the giltie; fpecial- lie he being ordeined by this prefent act to perfew nane other but the giltie, and that by the Law. And the partie fo perfewed not to beare quarrell for it, but to defend in lawfull maner. And that all quarrels fhall ceafe againft fik as fhall be lawfully perfewed in this forme, either by their conviction, and execution by Law, or otlierwyfe by their clenging and agrement ; that all perfons being of perfite age, and within the Countrie , and having entres to perfew any partie for crymes capitall, fhall within fourtie dayes after the publica- tion of this prefent act at the head burgh of the Shyre where th^ perfewer dwelles; raife, and caufe execute ttlieir letters in the faid matter. And infift in the perfute thereof, with certification to fik as faHyes, that their action fliall perifh, expyre and be extinct; and the faid perfewer fliall be compelled to fubmit his jaction, in maner above fpecified. Referving alwyfe to his Majeftie his action, as accords of the Law. jProvyding, that if the faid perfewer fatisfie the ordinance of this prefent act, and be delayed either by ipannell , for eliding of the finali trycll of the perfute. In that cafe the prefcription nowyfe to runne anainft the perfewer, having done his potlible diligence in maner forefaid. And becaufe thegiltines of crymes tnoversof the famin to be committed, whaareairt, part and giltie of the faid fact, whereof na publict jknawledgenorcertainetryellishad, His Majeftie and Eftaites nowyfe willing that neither the authors nor actour of fik hynous crymes efchape the due punifhment, through obfeuritie and laik of publict knawledge ) thereof. Declares that the parties offended, doing their diligence, as faid is, againft the actual and knawne committers of the faids crymes , and fatisfying this act anent their reconciliation with all others perfons, fliall lowyfe be prejudged of their action , competent againft fik perfons of whaes guiltines they fliall hereafter Tet knawledge; provyding, that they fliall beare no fead againft the faids fufpect perfons, whili firft after ufficient information obteined , they raife their letters for fummonding the faids parties to undcrly the aw, and either make them fugitive, or otlierwyfe obteine the perfute decided. And farther, that the F f f prefcrip-
 * ane continuation of the dyet by warrand of the Prince, or by the dilatour defenfes proponed by the
 * confiftes not onely in the perfon of theactuall committers thereof, but alfo in the authors, caufers and