Page:The Laws and Acts of Parliament of Scotland.djvu/51

Rh 27. The Jutice Clerk uld nocht reyeil the dittay: nor alter the Rolle TEM, It is ordained, that the Jutice Clerke reveil na mannis action to na peron, or traniate onie action utherwaies, then, it was given him, bot for the better to die King: or change names ane for ane utlier, or put out onie of the Rolles without commandement of the King, or of the Councell, under the paine of tinfell of his Office, his honour, and his gudes' to be at the Kinges will.

28. Money uld nocht be carried away: Fale Money: Na money uld be triken without the Kingis licence. TEM, As anentis the money, it is referred to the Actes maid of before, be the foure and twentie perones choen thereto, baith for the ame bringing of the Builzeon be the Merchandes, and of the new traik to be maid, and the coure thereof be the money that now runnis. And that their be maid at all portes of the Realme trait earchers to retreine the having out of the money, and richt wa upon the Bordowres of the Marches. And that all fale trikers of gold, ilver, or of fale groates, & pennies be earched, & written for, & broucht to the King to be punihed, as Law will. And that nane tak on hand to tryke in time to cum, bot they that lies or all have command of the King under his greate eale.

29. Anent the Summounding of onie per ones of contumacie, and paine thereof. TEM, It is ordained, that gif onie perfone garris ummound ane uther before the King and his Councell for onie caue, and the partie ummound be contumax, he all be condemned at the firt daie in the expenes of the partie followand, and in twentie chillinges to the King for his amerciament. And be he abent and contumax at the econd ummoundes, he all be condemned be the Judge in the expenes of the partie follower, and in fourtie chillinges for the Kinges unlaw. And be he contumax at the thrid day, at the quliilk he all be ummound to cum: the quhilk ummoundes all mak intimation, that quhidder he compeir or not, the Judge will proceed as Law will in the caue, and then gif he be ummound thrie and compeiris not, he all be condemned in the parties expenes, and in foure pundes for his unlaw to the King. And then all the Judge proceed in the caue and doe Jutice. And gif the caue be on fee and heritage, the partie ummound, as is foreaid, all be condemned for his contumacie, and the partie follower all be put in poeion of the aid fee and heritage, and byde therein, aye and quhill his partie ayith fullelie all the expenes, in the quhilk he was condemned, and to the King all his unlawes: The quhilk done, he all be heard in the Principall caue mooved againt him, not againtanding the decreit of poeion before given: bot gif he bide a lang, that precription lauchfullie be runnin. And gif the caue be of mooveable gudes, the partie follower all be put in poeion of the other parties gudes, to the quantitie of the thing or the gudes, in the quhilkis the other partie beis judged, to remaine with the partie follower for a eir and a day, And gif the partie condemned within the eir and day, cummis and ayi this fullelie all the other parties expenes judged to the partie follower, and all the Kingis unlawes, as is before aid, and findis cautione to tand and abide the partie at the Law, then all he recover againe the poeion of his gudes, and be heard and have Law in the caue principal. And gif the partie condemned have landes or gudes: then all his landes and gudes be recognhed in the Kingis handes. And gif he lies na landes nor gudes, then all he be out-lawed and put to the Kingis home. And this ordinance to continue to the nixt Parliament. And that all Lordes havand Regalities, all judge all them of their Regalities, after the acte before written. And that ilk ane of the three ummoundes be of fifteene daies warning at the leat. And that the letters of ummoundes pae under the quhite waxe, and the ummoundes of the Lordes of Regalities, to pae under their ealles, or their ignettiss.

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