Page:The Laws and Acts of Parliament of Scotland.djvu/75

Rh THE FIFTH PARLIAMENT OF KING JAMES THE THRID, Halden at Edinburgh, the twentie date of November, the eir of God, ane thousand, foure hundreth, sextie nine eires. 26. Anent the freedome of halie Kirke.

TEM, In the first, it is statute and ordained, that the freedome of halie Kirk be ob- served and keiped in all immunitie, ptiviledge and freedome, in likewise, as it hes bene in times of maist Noble Princes; Predicessoures and Progenitoures to our Sove- raine Lorde of haill minde, quhome God assoilie.

27. The Judge Or dinar being partial, or refusand to do Justice, sall satisfie the party, and pay an unlaw to the King. TEM, As to the article of Schireffes and uther judges Ordinar, quhilkis will not execute their office, and minister Justice to the puir people: It is statute and or- dained, that the partie compleineand in ony parte of the Realme, sall first cum till his Judge ordinar of Temporal landes, as Justices, Schireffes, Stewartes, Baillie, or Barronne, Proved or Baiilies of Bur- rowes, and make his complaint, and aske at him administration of Justice. And gif he gettis justice dewlie execute and ministrate to him, he mon remaine content. And gif the judge Ordinar failies him, and will not minister him jufsice, he sall cum to the King and his Councel, and take letters of summoundes, and summound the partie. And in likewise his judge Ordinar, quhat ever he be of Temporal landes. And gif the judge be foundin culpable, and wauld not minister justice, he sall be punished and put fra his office for a certaine time, after the discretion of our Soveraine Lorde and his Councell, and pay the expenses of the partie compleineand: And our Soveraine Lord, sall gar minifter justice to the partie compleineand in that case. And gif the Judge Ordinar minister him partial justice, and dois him wrang in the administration of Justice: In likewise the partie compleinieand sall summounde him before the King and his Councell. And gif before them he be founden culpable or partial in the administration of Justice, be he a Schireffe, Baillie, of uther Officiar of see, he sall be put fra his Office for three eires. And gif he be ane Schireffe or ony uther Judge Ordinar for a time, he dall be put perpetually fra his Office, and pay the expenfes of the partie, and his perdon to be punidhed at the Kingis will. And in likewide the Officiar of fee. And gif the partie com- pleinieand upon the Ordinar Judge, be founden be the King and his Councell in the wrang, he sall pay the expenses of the saide Judge Ordinar for his vexation, and his perfon punished at the Kingis will in likewise. And gif ony partie lies ony proper action against the Schireffe, or ony Judge Ordinar, it sall be lauchfull to him to cum to the King, and outher summound his partie before the King, or make an other officiar in that part, to minister Justice to him. And that ilk Judge Ordinar, Schireffe, or ony utheris, sall be halden to answere for their deputes, as themselfe. Neverthelesse, it sall be lauchfull to the Kingis Hienes to take de- cision of ony matter that cummis before him, at his empleasance, like as it was woont to be of before.

28. Landes may be redeemed be the first seller, fra the first byer, or ony uther possessour. TEM, As touching new inventiones and selling of landes be Charter and saising, and taking againe of re- versiones, and it happen the byer to sell the samin land againe to ane uther perfon: It is now seene expe- dient in this present Parliament, and according to law and confeience, that the first seller have recourse to the samin landes, sauld be him under reversion, to quhatsumever handes the saids landes cummis, payand the money, and schawand the reversion, and have sik priviledge and freedome against the persones, that haldis the said landes, as he suld have against the principal first byer. And because sik reversiones may of case be tint: Our Soveraine Lord sall make the said reversiones be registred in his register, gif it be required, on their expenses: That is to say, of ilk ane, ane halfe marke, the quhiik registred, sall have the samin force, as the principal reversion were schawed for the time. 29. Of