Page:The Laws and Acts of Parliament of Scotland.djvu/883

 'he unlaw f court e. wrifd't$ion. 'he Schirejf es najttrif- uith h 7)e t)erborum figmficathne and gif ony of them dreadis bodily harwe of anc uther : the fchirefFe luld grant him law-burrowes.Ia,2.p. 14.C.8 3 ,and it is leafum to the fchiref to charge all perfones to cum to his court in fober maner, and gif they re- fute to skaill their gadderinges, and convocation, he may ftayor conti- nue the court: and the perfonesdifobedient, fal be punifhed be warding of their perfones be the fpace of ane zeire: and be payment of the expen- fisand damnage fufteinedbe the partie, throw dclaie of juftice. Ia.s.p. 14: c. 104, And albeit all friehalders and uthers perfones fuld cum to court in quiet maner,, as faid is. Nevertheles it is leafum to the fchirefFe, ftewart bailly, and uthers the kinges official's, to ride with greater number, for ex- ecution of juftice, and furth fetting of the Kingis authoritie. la. 5.p.4.c. 27. The unlaw of the Schireffe in his court, fuld not exceede the fumme of 1 6, fchillinges, and to his clerk 2.fchillinges, and to his ferjand an colpin- dach, orso. pennies, leg- Male. Mack.cz. The jurifdiftionof theSchireffe confiftis and ftandis generallie in di- vcrfeand findrie pointes. Bot firft of all it is to wit. that the fchirefFe his depute, and ferjand, hes na jurifdidion or power outwith the boundes of bferved. is awin his awin fchireffdome, tofumundor attache ony perfon, or to poynd or take ane deftres of onie mans gudes and geare : for they fuld make faith that they fall faithfullie ferve the King, within their awin Schireffedom, andfalnocht trouble or.moleft onie perfon within the famin, againft law and reafon- ^iffl reg. Vac.nullus. -}-quo attach.c. nullus. 57. Swaitis manifeft, that the Schireffhesonlie jurifdidion, within his awin Schireffe- 'he Schirejf dome. Within the quhilk, he and his deputes fuld caufe the lawes 5c ads Udcaufe the of Parliament to be publifhed, red, and proclaimed in hiscourtes, and to mvei be pro- ^ e [< e;p ec j anc j bf el - V ed be all our Soveraine Lordes lieges, alfweil in the courtes of all Prelates, Erles, Barrones, and uthers haveand power to hald court, as in his awin fchirefFe court, and fuld give to them the copie of the lawes, that na man pretend juftlie ignorance thereof. Stat. 2- Rob.c. Rober- tas 28. And fiklike in all burrowes of this realm, the fchirefffall caufe 1 2. leil and honeft men of the buigh,ftveare and make faith.thatthey (all caufe the Kingis lawes be keiped and obferved. Stat . ^ilex. c. Item in omni. 2 5. 6c to the effed the famin may be the better done be him, the ads of Parlia- ment being regiftrat, fuld be delivered be the Clerk of the Regifter to him: quhilk he fall caufe be proclaimed oppenlie, in chiefe placeof the fchireffdome, and fuld give copies of them to prelates, barrones, & bur- rows within his fchireffdome upon the expenfes of the asker, 6c fuld caufe all ind wellers within his fchireffdome baith to land and to burgh, to keipe and obferve the faid lawes and ftatutes, under the paine of deprivation of his office la, i.p. 3c.67.Ia.2pr 14. c.90. And likewaiesto the effed the fchireff fuld fee juftice lauchfullic done and miniftred: he fuld beprefent in al courts of Bifhoppes, Abbots,Earls, Barrones, and friehalders to quh5 it is not leafum to hald their courtes, except the fchireffor his deputes be prefent, or fummoned to that effed, Ua.c. die luna. 14. Stat, ^lex.asfifa. 10. A//", reg. Da,ci. And fiklike na barrone may hald court of battell, wa- ter, or jron, except the fchiief or his deputes be prefent to fee juftice done. Stat', ^4lex.c.pr£terea..2%. vii. duellum. vid, mahamiunt, And mairover the 'he Schirejf fchireffand all uther judges within the fchireffedome,fuld repaire and cum uld repair to to the King, the firft night he cummis within the fchireffdome, to anfwer 'he Schirejf 'ntd(je pre- tnt in all he Ky>g. Wefitldnot xectsteor o- ey tcniatlch- till com- muij.es. The Schirejfs ijfice in the ufiice aire. to all complaintes maid againft him, anent the nocht keipingandobfer- vation of the lawes: and fal nocht departe, nor pafTe away without licence asked and obteined, under the paine and unlaw of aucht kye, -4ff.reg.Da. c.flatutum. 20, quo attach.c Statutum.io. Andalfo fall nocht pane awaie fra the King.except he have with him the Ades of Parliament.and his in- ftrudiones given to him in writ ^iff.reg.Da.ex libro Scontnfi. Laft concer- ning the execution and obfervation of the lawes, the fchirefFe, nor na u- ther official- of the law, fall onie waies obey, or execute onie command diredto them be the King, under the great feale, priviefeale, orfignet, repugnant or contrarious to law or reaflbn. Bot gif onie fik precept be prefented to them, they fall receive the famin reverentlie, write upon the back thereof, and remit the famin againe. Rob. 2. 1 372. And of his reigne, the firft zeire, The fchirefFe fuld nocht onlie make the publication of the laws, and caufe the famin to be keeped and obferved: Bot alfo fuld concur and affift with uthers to do the famin,fik as the juftice generale, chalmerlane, 8c au- ditoursof our Soveraine Lordes Checker. The Schireffe at command of the juftice generall, fuld fummound cer- taine perfones to burgh and to land, to give up dittay, to the juftice Clearkes, and fuld be prefent in proper perfon at the jtifticeaire with the verification of thefaides fummonds. He fuld fufteine and pay the ex- penfesof thejuftice clearkes, in the time of the taking up of the dittay- ftuhilk fuld be allowed to him in his comptes, he fuld (conforme to the juftice precept dired to him) fummond all Bifhops, Abbotes, Erles, Bar- rones, Freehalders, and al uthers quha aucht prefence in the juftice aire, 5c are immediate vaflals to the K. tocompeirin the juftice court, to fortifie and affift the juftice. Likewaies he fuld fummound all perfones indyted of new, and of aulde.al pledges oblifhed for the entrie of onie man in the air, all perfones quha will perfew.ordefende, in the faid court, to com- peir, doe, and fulfill that quhilk accordis of the Lawe- Hcefuldebe prcfente in the courte, with fufficient teftimonie of the execution of of the faid fummondes. And fulde make provifione for the JHftice and his Clerkes, quhilk fulde be allowed to him in his firft compt in the Checker. He fuld ta/te up fik fummes of money and gifneedebeis poynd therefore as the juftice modifies to be payed be them quha aue a- merciar, or cummis in will-v/J. Iter, Mairover gif there be onie perfones, quhom the Crowner may nocht, nor dare nocht arreift : He fall deliver their names to the fchirefFe, quha fnlbe becum borgh and cautioner to enter and prefent them in the' juftice aire. Or fall paffe, or fend fufficient number of men, to forti- fie the Crowner, making the arrieftmente, and bringing the perfoun arrie^edto the Schireffe to be keeped be him. fiuhilk gif the Schireffe failzies to doe, he fal pay ten pound to the King. Iames.3. par. 14. Cap. 99. Becaufe the fchirefFe fuld keip the perfones arrifted be the Crowner, 6c enter them to the iuftice aire, gif there be na Caftell perteining to the King within the fchireffdome, quhairin they may be keeped lames. 5. p. 3. Cap. 5. Mairover, the fchirefFe or his deputes fuld paffe, or fend with the Crowner, and vifie the gudes, perteining to all perfones convid in the juftice aire, and deliver to the Crowner fa meikle thereof, as he fuld have be the law, and inbring the remnant to the Thefaurar. lames. 3. par. 14- Cap. 102. And the laft day of the aire, the fchiiefffuld thoill aneaffife anent theulingand execution of his office. lames. 3. par. 14, Cap. 102. FinalHe the fchirefFe or his deputes be their Clei'ke, fuld inbring to the thefaurar, all extrades of the juftice aire, and fummes of money contei- ned thereintill: quhilk gifhee failzies to do, na allowance falbe granted to him in the Checker of his comptes, albeit hee have the Kingis letter in thecontrare, granted to him in his favours. *4jf. reg.Da-ex libro SXonenfi. fiuhenthe chalmerlaine is to hald his aire, within onie burgh, the fchirefFe be vcrtew of the Chalmerlaines precept direct to him, fuld attach Chalmers and arreift without delaie, under fure pledges and cautioners, all them "'-""' quhais names the Proveft and Baillies of the burgh fill give to him in writ; To compeire before the chalmerlaine, or his deputes, day, place 8c time of the air, to anfwer to fik things as fall be laid to their charge. At the quhilk court, and aire, the fchireffand his deputes fuld be prefent, bring- and with them the faid precept and verification, or teftimonie of the ex- ecution thereof. Iter, earner, c.z. All fchireffs fuld be'examinedzeireliein :"lk checker, how they have kieped the ads of Parliament, and how they have punifhed the tranfgref- (bures thereof. For in the Checker, the fchiref, or ane fufficient depute for Checks*. him, haveand fufficient power, fuld compeire and fwearethereanent, in animain eius: Under the paine often pound, and tinfall of hisofficeat the Kingis will- ^(S-reg.Va.exlibro Sconenfi. In the quhilk Checker, the fchirefFe fuld make compt, and full paymente, esq; with the Rolles, (a far as he hes intrometted, or micht intromet with the Kingis propertie or cafualities, fik as efcheits and wardes, under the paine of warding of his perfone. lames. 5. par. 7. Cap. 96. lames 6. par.u.Cap. 74. And fuld bring with him, his court buikes, with the compt of efcheits, and un- lawes, intrometted with be him, togidder with the regifters of homings regiftrate be him in his buikes, and ofallfaifinges. lames. 6. par. 12. Cap. 124. And fuld find cautioners, burges men within Edinburgh, aAed in the buikes ofCouncell, that he fall zeirlie make compt in the Chec- quer.and payment of all thinges intrometted with be him. Ja.6.p- n.c. 80. lames. 6 par. 14. Cap. 230. And gif he be found reftand atthefuteof his compt onie fummes of filver, to the King or his Thefaurar: it is lea- fum to the Thefaurar, as he pleads, to poynd the Schireffe and his deputes, or the partie to quhome failing is given, for the faides fummes, conformeto thebuikeof refponde.lz 6 p. 11. 073. The jurifdidion and office of the fchireff, confifts alfwa in particu- The ScUnfit lar civill adions and pleyes, and decifion thcirof in his Courte, and like- j? r 'fd>8i°* waies in execution of decreitis given be civill judges, fik as the Lords of t Councell, and feffion. The fchireffand his deputes is judge competente to their pleyes and adiones after following. That is, the pley ormuteof barrones betuixt baron and ban-on. The mure of ane reafonable Terce perteining to wemen as lauchfull wives, be reafon of the deceafe of their husbandes, complaintes tuiching the breaking of appoyntments, aggre ances, : and end of pleyes made incourt.and not keiped.W. i.e. 4.c.co»- tingit.i t. lib. 2- c, dos.g: Mates and pleyes of natives, that is of bondes,6c fervandes fugitive fra theiv awin maifters : making of Homage: Recei- ving of relives : alfwa adionesand pleyes of debt auchtand be an to anc uther, maybe followed before the fchireff, with uther adiones of wrang 8c unlaw, lib. i.c-4, lib- z.c. confequenter. 1 3 . The brieve of richt, 5c free tenements, fuld be determined before the fchireff, in the fecond inftance, quhair as complaint is maid, that the court of barrones hes done wrang thereaneht, be reafon wranges done in the barron court, war remede*! in the fchiref court, be the auld law of this Realme. lib.i,c.j>lacita.6. lib.$. c.folent. j,e.advicecomhes. 17. Botbethelawandpradicknowufed 5c obferved, the Lordes of Councell and feffion are onelie judges competent baith in the firft inftance, and fecond, to all adiones and matters tuiching fee and heritage. Siklike all pleyes tuiching Meithes and Marches of lands, betuixt nightbour and nightbour, fuld be decided and declared be aneaf- fife before the fchireff, lib. z.c.vlt. Conform to the quhilk all adiones of Mdeftations moleftation, in trowblance of the poffeffion of propertie, and commontie andcognittons fuld be decided be the fchiref of the fchire, or uther ordinarjudg, quhair the landeslyes, be the determination of anaffife, of the beft and wor- thier!: of the cuntrie, leaft fufped, and that beft kna wis the veritie-Ia-6.p 11 c.42. The fchjreffis judge competent to the remoovingof tennents fra lands, conforme to the warning maid againft them to that effed, Mar. p 6.c. 39, The fchireffis judge to the brieve of inqueft, quhair be ane de- firis to be ferved,and retoured narreft and lauchfull aire to his prediceflour. lib. i.e. Generalia. 2 $.qno. attach.c. Vebrevibus. ii.la.i.p.y.c. 127, fl,uhilk brieve fuld be ferved in plaine court, be the maift worthie of the fchireff- dome, fummound and called upon the premonitioii of 1 5. dayes. Stat. Rob.i.c..Vii. breve demorte antecefforis. And na commiffion for ferving of the faid brieve, er others fuld be granted to onie perfon, in prejudice of Ctmmiffums. the fchireff, Stewart, or baillie, untill he be firft warned to hear and fee the famin given, or elfe to alleadge ane reafonable caufe- quhy the famin fuld nocht be granted. lames. 5-par.6-Cap. 82. And incafeony fik brieve fal happen to be ferved and retoured before onie judge, commif- fionar; the precept of failing fuld be dired furth of the Chancellarie, to the Schireffe, as is before faid, verbo. breve de morte antecefforis. For ge- nerallie all preceptes of faifing furth of the Chancellarie upon retoures %cmovin£. Brieve of in' ijHcift.
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