jurisdiction with the fange that is hand haveand and back-bearand Lib. 4. c. Si quis 11. Quoniam attach c. nullus 22. Quhilk fang in the civil law Furtum manifestum is called furtum manifestum Bot sindry uthers ar in the contrair opinion affirmand that it is not leasum to ony man havand libertie of out-fang-thief to repledge or reduce his awin man taken without his awin libertie for thieft to his a win court there to do justice upon him Because all thieves suld underly the law and be judged be him within quhais jurisdiction the thieft is committed in sik forme maner as is statute anent slauchter punition thereof Ia. 1. p. 2. c. 89. Amangst the interpretours of the civil law I find the like controversie in this mater For. Bart. in l. Sidom 48 Nu. 2. ff d. furtis Quocunque inquit in loco reperitur fur cum re furtiva ibipotest puniri Veluti furtum faciens Floentiae Si reperitur in alia jurisdictione veluti Mediolani cum furto potest à Mediolanensibus puniri Quhais opinion sindry Doctoures follow is as writs Chessanaeus In consuetud Burgund Rubr. Verb. simplè larrecin Nu. 15. Albeit sindrie uthers ar in the contrair opinion alleagand that the thiefe suld he punished in the place quhair he commitis the thieft ut in additione ad Bartol in d. l. 48. Conforme to the quhilk it is statute be the Law of this realme that ane thief of stollen woodde taken with the fang in an uther Lords lands suld be arreisted with the wood sall suffer the law in his court fra quhom the woodde was stollen Ia. 1. p. 2 c. 34. Mair-over ane thiefe is ordaned to be punished in the place quhair the thieft was committed because the crime may be best tryed there Stat. 2. Rob. Br. c. 4. INFENSARE curiam That is quhen the judge insormis the suters in sik things quhairof they ar ignorant Quoni attach c. vbi ab aliqua 10. Like as the civil law Iudex potest supplere ea que advocatis in jure desunt ITER From Itinerare b.e. Iter facere As Iter camerarij The Chalmerlane aire quhairof ane gud forme is written and extant in the buiks conteinand the auld lawes of this realme The forme of the justice aire or court Iter iustitiarij the justice aire quia Iustitiarius debet itinerare per regnum as it is written in the English lawes For he suld make course throw the realme for ministration of justice and ride in competent and easie number to eschew grievance and hurting of the people Ia. 2. p. 6. c. 21. The justice aire suld be halden twise in the Èeir For King David statute ordaned that the justice his deputes suld hald twa head courts Èeirlie Justice aire suld be halden twise in the Èeire Ass Reg. Da. cap. statuit dominus 18 Quoniam attach c. statuit 77. And the Kingis justice the Lordes of the regalities and also the Kingis Baillies in his regalles suld hald their justice aires twise in the Èeir Iam. 2. parlia 3. cap. 5. Universallie in all partes of this Realme anis on the grasse and anis on the cornes Iam. 2. par 13. cap. 94 Iam. 4. par 3. c. 29. And over all the Schires of the Realme in the Moneths of Aprill and October Ia. 6. p. 11. c. 81. Baith in the in-land and alswa in the Iles South and North. Iam. 4. par 6. ca. 59. Because the Iles and inhabitants thereof suld be ruled be the Lawes of this realme Ia. 4. p. 6. c. 79. Iustice aires suld be halden for increase of justice and tranquillitie of the realme for stanching of combers slauchters riefes thieftes extorsiones For what causes justice courts suld be halden and oppression of the Kingis lieges And to the effect justice may be universallie throw the haill realme ministred for punition of the said crimes sik authoritie suld passe with the justice throw all the realme to the justice aires that trespassoures sik as men-slayers rievers thieves and committers of uther enormities in dissobeying and licht-lying of the Kingis lawes may be punished without favoures Iam. 4. par 3. c. 29. Iam. 3. par 13. cap. 90. The justice aire or court being proclaimed at the Kingis command to be halden sik ane day as he pleasis in the head burgh of the Schire The justice suld cause dittay to be taken up be his clerkes diligentlie and faithfullie Dittay and for quhat crimes it may be taken up For the dittay is the principall and chief substantiall poynt of the justice aire and the justice suld follow the ordour thereof Dittay may be taken up upon all crimes perteining to the justice and his jurisdiction as is manifest be the actes of parliament Read the word Dittay in the table of the saidis actes and al 's upon the crime of lese majestie or treason As the death of the King sedition within the Realme betraying of the Kingis hoist or armie Breaking of the Kingis protection fraudfull hiding and conceilling of ane huird or treasure wilful fire robbery ravishing of weemen murther slauchter thieft forestalling all kinde of falsed in doing of justice in money assise weichtes measures writs And generallie al uther like crimes quhilk be the law ar punished be death or cutting of ane member Lib. 1. cap. 2. Leg. Malcolm Mak. cap. 3. Ass Reg. Dav. c. nullus 17. de Iudic. c. Placitorum 8. Mair-over the justice generall may set particular justice Courtes upon ony maner of crimes quhen neede is for punishment of particular faultes that occurris Sik as recent slauchter mutilation ravishing of weemen Quhilk hainous and capitall crimes may be first criminally persewed before him And as for the depredationes ejectiones spuilÈies the samin being first civilie discussed before the civill judge ordinar Thereafter may be criminallie persewed before the justice and his deputes at particular diettes set and appoynted therefore or be way of dittay in the justice aire Ia. 5. p. 4. c. 33. Dittay may be taken up twa maner of waies privatlie and publicklie For the justice and his deputes may privilie take up dittay Dittay may be taken up privatlie or publicklie be privie inquisition of malefactoures and their receipters be the aith of three gud honest faithfull men of the principall man sik as the Chalmerlaine or officiar within ilk village or town Stat. Alex. c. 2. And mair-over all Lords and heades-men of all partes of this realme suld give up dittay upon notour trespassoures without exception of ony persone to bee taken and justified without remission l. 3. p. 13. c. 94. And sulde mak trew relation there-anent to the Chancellar or justice quhen they salbe required Ia. 3. p. 14. c. 98. And gif they be convict be ane assise in the contrair they sall perpetuallie tine their court in all time cumming Li. 4. c. ass 20. stat Wilh c. Ass 5. Secondlie
the justice suld direct publicklie the brieve of dittay to the Schereffe and his deputes for taking up of dittay quhairof the tenour followis The brieve of Dittay Wilhelmus c. Justitiarius Domini nostri regis generaliter constitutus Vicecomiti Pallivis suis de E. salutem Quia indictamenta Regia Deo duce decimo die mensis N. proximè futuri cum continuatione dierum apud F. Infra vicecomitatum vestrum levarè intendimus vobis praecipimus mandamus quatenus summoneatis seu summoneri faciatis legitimè coram testibus legalibus de qualibet baronia duodecim vel quindecim homines ad hoc opus magis sufficientes Et de qualibet tenendria seu villa quatuor vel sex homines Et de quolibet burgo duodecim vel sexdecim burgenses ad hoc opus magis sufficientes secundum quantitatem locorum numerum personarum in iisdem existen una cum seriando fabro molendinario brasiatore sectatore cujusque baroniae villae seu tenendriae Quod compareant coram clericis nostris pluribus aut uno dictis die loco cum continuatione dierum ad sursum reddendum indictamenta regia Et saciendum ac subeundum id quod in haec parte juris ordo requirit Et sitis vos vicecomes ballivi vestri ibidem coram clericis nostris dictis die loco cum continuatione dierum Haben vobiscum summonitionis vestrae testimonium hoc breve Provideatis etiam pro expensis dictorum clericorum quas vobis in primis computis de exitibus justitiariae reddendis faciemus plenius allocari Et hoc nullatenus omittatis sub omni poena quae competere poterit in haec parte Datum sub sigillo officii nostri justitiariae Quhilk brieve the Schireffe suld reporte at the day appoynted in the place quhair the dittay sulde be taken up to the justice Clerke and twa witnes at the least with him for to verifie the execution of the brieve to be lauchfullie done conform to the command of the justice CoÌ„form to the precept command aboue written the justice Clerke ane or maa conveenis the day and in the place appoynted and there remainis susteined upon the Schireffis expenses quhilk is allowed to him in his comptes of the issues profites of the justice aire and takis up dittay be the relation and deposition of the persons summoned for the giving up thereof Quhilk dittay they suld keip quiet and suld na-waies reveale the samin to ony person nor translate it utherwaies then it was given to them nor change names ane for ane uther Nor put out ony surth of the rolles bot lauchfullie and trewlie suld report and deliver the samin to the justice and his deputes Ia. 2. par 6 cap. 28. Dittay suld be given up be vertue of the Kingis commission direct to Earles Lordes Barrones Knightes and speciall Landed Gentle-men And be foure of the Councell of everie Burgh quha sall mak give up dittay be their awin knawledge or be ane sworne inquest or sworne particular men Upon all persones suspect culpable of the crimes and faultes perteining to the jurisdiction of the justice and his deputes Iam. 6. parlia 11. cap. 81. Quhilk suld be likewise keiped quiet and reported as said is to the justice And dittay being taken up upon ony crime against ony persones Neither judge bot the justice and his deputes may mell there-with Like as the Wardaine on the Bordoures in his wardaine courte may nocht intromet with ony thing that perteinis to the dittay of the justice aire Iam. 2. par 11. cap. 42. The dittay taken up in maner foresaid The justice Clerke at command of the justice makis ane catalogue The portuous conteinand the names of the persones indited And upon quhom dittay is given up quhilk is called ane portuous Togidder with ane uther Catalogue quhilk conteinis the particular dittay given and taken up upon transgressoures and malefactours called the traistes Baith the ane and the uther is delivered be the justice Clerke to the crowner To the effect Traistes that all the persones quhais names ar conteined in it may be attached and arreisted be him to compeir in the justice aire to answere to sik crimes as salbe im put unto them Ia. 1. p. 13. c. 139. Ia. 3. p. 14. c. 99. The crowner in making his arreistmentes suld passe to the habitation and dwelling place of the persones given to him in portuous Attachementes arreistments and forme thereof and thereafter make proclamation at their Paroch Kirkes upon festuall daies and take sovertie of them sik as he will stand for to the King And gif the persones swa arreisted be nocht streinÈicable The Crowner sall areist their gudes and put them in sure keiping to the Kingis use quhill the said sovertie be founde Or else take their persones and put them in the Kingis Castell gif ony bee within the Schire And gif there be na Castell hee sulde deliver them to the Schireffe to bee keiped Ia. 5. p. 3. c. 5. And mair-over because sindrie persones indited usis to flie and absent themselves swa that the Crowner can nocht apprehend them personallie Arreisting of fugitives to arreist them In that case it is sufficient that the Crowner cum to the dwelling place of the saidis persones and make them warning and charge to compeare in the justice aire nixt following to answere to sik accusationes of crimes as salbe im-put unto them And thereafter upon the nixt Sabboth daye following the said charge the Crowner sall make open and publick intimation of his warning charge and premonition maid to the saids persones be their names in their Paroch Kirkes Quhilk charges premonitiones and intimationes sall stand to them for sufficient arreistmentes the samin being lauchfullie proven as effeiris of the Law Jam. 5. p. 4. c. 33. And mair-over gif he cannocht attache ony man personallie be reason of his absence he suld arreist all his gudes moveable and unmoveable to remaine under sure pledges and to be furth cummand to the King In case he be nocht answerable to the law before the justice Leg. Malc Mak cap. 1. The Crowner sall arreist at all times alsweil before the crye of the aire as after the samin all them quha are given to him in portuous be the justice Clerke and nane uthers James 1. Parliament 13. cap. 139. Bot all arreistmentes sulde bee maid before the time of the beginning of the justice aire and seate of justice and na-waies after the samin Ja. 3. par 7. ca. 58. All persones charged to compeir in the justice air suld be attached and summoned be the auld law of this Realme upon the space of fourtie daies at the least ass Reg. Da. c. ad Summonitiones 19. And albeit na man suld be attached or arreisted except dittay be given up upon him Stat. Alex. c. 2. Neverthelesse in attachementes or arreistments of ony
maa persones then ar dailie in their houshald and families And being cum to their Innes and ludgeing suld laye their armour and weapones from them and use na weapons bot their knife Ia. 2. p. 12. c. 83. Mair-over all Lordes Spirituall and Temporall Barrones and uthers cummand to the justice aire suld na-waies mainteine fortifie supplie defend nor be Advocattes nor stand at the Bar with maniâ—est traitoures men-slayers thieves rievers nor uther trespassoures nor persones perteining to themselves or utheris Saisand it salbe leasum to them in sober waies to stande with their kin and friendes in defense of them in their honest actiones Ia. 3. p. 14. c. 98. Quhen the justice aire is to be halden upon the Bordoures The Wairdaines within their Wairdainries and their deputes with the free-halders of the Schireffdome being warned thereto be the Schireffe be open proclamation suld convoy the justice and his deputes to the place appoynted for halding of the Court And accompanie them in-during their residence and untill they be out of the boundes of their Schireffdome and received be the nixt Schireffe Ia. 6. p. 11. c. 81. In the justice aire suld compeir all persones attached and arreisted Persones attached conforme to the dittay given taken up upon them quhairof some were arreisted of before to have compeired in the justice Courte preceiding alreadie ended and expired and compeired nocht in the samin quhais names ar given to the Crowner to be of new attached and arreisted to the aire following as of before Uthers are of new indited upon quhom nae poynt of dittay was taken up in ony time by-gane quhais names ar comprehended in ane Catalogue called portuous All the foresaidis persones indited baith of auld and of new suld be attached and arreisted be the Crowner to compeir and underly the law the time of the justice aire as is manifest be the precept foresaide direct be the justice generall to the Schireffe All persons arreisted that may be apprehended the time of the aire in the Tolbuith or in the town quhair the justice is salbe taken and delivered to the justice to be justified for their crimes and trespasses Swa that the arreistment be maid before the time of the beginning of the justice aire and seat of justice Jam. 3. par 7. cap. 57. And quhair landes lyand in sindrie Schireffdomes ar annexed and united in ane Barronnie Inhabitants of annexed landes The inhabitantes thereof sall answer in the justice Court quhair the landes lyis and the Lorde or proprietar of the landes annexed givis presence or service in the court of the Schireffdome within the quhilk the barronnie lyis to the quhilk the landes ar annexed Ja. 4. par 6. c. 93. For in this case respect and considderation is had to the naturall situation of the landes and to the jurisdiction within the quhilk they lye rather nor to the imaginar and civill forme of lying of the landes be annexation Attour all inhabitantes of stewardries and baillieries Stewardries Baillieries sall cum to the head burgh of the Schireffdomes quhairin they lye And within the quhilk head burgh the Kings justice aires are halden Ja. 6. par 11. c. 81. The judge in the Kingis justice aire is the Kingis justice generall The judge or the Kingis baillie in his regalles havand lauchfull power and commission granted to them Ja. 2 p. 3. c. 9. For the King or the justice generall may make aucht deputes quha with ane depute of the Thesaurer and ane uther of the justice Clerke suld passe severallie throw the aucht quarters of the realme and hald justice Courtes I. 6. p. 11. c. 81. The justice generall suld have for his sustentation ilke day of the aire five pound Like as the justice Clerke suld receive for ilk man clenged The justices expenses be ane assise and drawen furth of the rolles four pennies And for ilk man amerciat or componand ij s. Leg. Mal. Mak. c. 2. For ilk Actorney and commission twa shillinges For ilk man quha producis ane remission twa shillinges For ilk man that cummis in the justice will twa shillinges For ilk man convict and filed twa shillinges For ilk letter of witnesse sex shillinges aucht pennies The Schireffe suld be present as he quha is warned be the justice precept to answere to all the poyntes thereof The Schireffe The crowner And touching the execution of his office togidder with the Crowner quha suld answer for his attachementes and arreistmentes and verification thereof And the Schireffe with the Crowner suld thoill ane assise the last day of the aire anent the using and execution of their offices to quhome justice suld be ministrat as they sall be founde innocent or culpable Jam. 3. parlia 14. cap. 103. The day of compeirance being cum to the quhilk the justice aire is cryed and proclamed The justice and his deputes The forme of the court suld compeir with all uther persones charged and commanded to concurre and assist with them Ar the quhilk time the sutes suld be first called The sute of courts with their Lordes For albeit the Suiters compeir neverthelesse their Lords and maisters ar oblished likewise to compeir and give presence to the justice in his aire They being lauchfullie summoned and charged to that effect be open proclamation and be the justice precept aboue written 2. The Commission and power given to the justice suld be produced and red Commission And gif the Commission be given and granted to maa persones nor ane conjunctlie They suld be all present utherwaies it is na lauchfull courte Bot gif they be constitute conjunctlie and severallie It is sufficient that ony ane of them be present And mair-over the justice may nocht make and constitute deputes and substitutes under him except he have speciall power in his commission to do the samin Lib. 4. c. si unus 27. The fensing of court Thirdly the judge suld begin and fense the court conforme to the common ordour and consuetude vsed and observed Ia. 6. par 11. c. 81. The dempster The sutes Quhilk suld be done at elleven houres before noone Ja. 6. p. 11. c. 86. Fourthlie the court beand affirmed the dempster suld be called and caused to be sworne that he sall leallie and trewlie use and exerce his office Fiftlie the suites suld be called Ia. 6 p. 11. c. 81. Èit againe as of before ilk man twise with their lords and masters and the absents decerned to have failÈied and therefore suld be unlawed and gif baith the suiter and his Maister be absent ilk ane of them be themselves suld be amerciat The assise Sextlie the assisouris being summoned be ane precept direct be the justice to that effect suld be called ilk persone under the paine of fourtie punds and the justice may cheife assise ane or man as he pleasis of the best and maist
and thereafter let the landes to borgh to him quha is found to have best richt of the possession 6 The superiour may recognosce and reteine landes halden of him in chiefe for service aucht to him furth of the samin landes Bot be the practicque of this realme The service aucht to be proven and liquidat and thereafter the landes may be lauchfully comprised 7 Landes halden in fewferm payand ane certaine Èeirlie dewtie Nomine feudi fermae may be recognosced be the superiour for none payment of the few dutie that twa manner of waies The first ex provisione legis natura contractus For the few sermorer not payand his few-ferm for his ingratitude and un-thankfulnes tinis and fore-faltis his few-ferm be the disposition of the Law quhilk as Èit was not in practicque and use within this Realme The seconde is ex provisione hominis et conditionibus contractui insertis Clause irritant quhilk is called ane clause irritant as quhen ane clause and provission is conteined in the infeftment that if twa or maa termes run in ane of non payment of the few-ferm duetie then and in that case the infeftment of few-ferme to be irritum null and of nane availl quhilk is conforme to the dayly practicque of this realm Quia pacta conventa legem contrahentibus praescribunt vid. l 1. et Tit. c. de jure emphyten Alwayes be the act of Parliament maid be Ia. 6. p. 15. C 246. Alienations of lands maid in few-ferm are null for not payment of the fewe-dueties be the space of twa Èeires albeit na paction or provision be maid thereanente in the infeftment RECORDUM Recordatio lib. 1. c. contingit 31. quhair-anent I finde difficultie Alwayes recorda summonitionis signifies the rehearse report or testification of the execution of the summondes brieve or uther precept Ia. 1. p. 9. c. 112. quhilk execution Indorsation is now called Indorsation Because commounly it is written in dorso and upon the backe of the summondes leg Forest c. 25. and be the practick and daylie consuetude of this Realme Èit observed the execution of all brieues before inferiour judges and of all criminall summondes before the three Estaites in Parliament are verified in judgement be the record of the executor theirof and twa witnes at the least And in auld times the serjandes or maires maid the record of the summondes be word or be writ as they pleased and verified the samin as said is And untill the samin were done the defender could nocht be compelled to make ane answer lib. 1. c. cum autem 8. de iudic c. 50. And King David the second 18. Febr. 1369. and of his reigne the fourtie Èeire statute and ordained annent the record of serjandes or maires that the summounds record theirof salbe put in wreit gif it please the serjand or mair and he sal reade the samin gif he can in plaine court Utherwaies he may make the record be word in the best form he may and gif he failÈies he may be helped and supplied be interrogatours of the judge concerning all and sundrie clauses or artickles necessarlie used in the record of ane summondes quhilk record the serjand or maire sall prieve sufficientlie be lauchful witnes And the said record being swa maid the samin salbe receaved as lauchfull and the contrair partie sall nocht be heard to object against the same or to propone ony exception against the lauchfulnes theirof And it sall be leisum to the schireffe his depute serjand mair of fie or onie uther depute serving in the office of ane serjand or mair be the authoritie of the King or of onie uther haveing power to make rehearsall of the summondes of the record or indorsation theirof swa that they be qualified and abill to doe the samin Ia. 1. p. 9. c. 112. ITEM recordum curiae signifies the report rehearsall or minute of that quhilk is done in court or the interloquutour of the courte lib. 1. c. contingit 31. Quo. attach c. nullus sectator 20. In the Normand law li. 9. c. 31. vid. Sectator vid Varda quhilk in auld times was nocht written in buiks bot inrolled togidder in paper Rollment of Courte Like as the Kinges rolles are Èit written in parchement in the Checker Therefore they are called the rolment of court As the Kinges rolles or rotuli and the Clearke of Registar clericus rotulorum in latine properlie volumina quia involvuntur in se quasi retorquentur And it is to wit that actiones and pleyes are aither directlie and from the beginning persewed in ane court or they cum fra an inferiour court to ane superiour per translationem lib. 3. c. praeterea 16. as quhen ane pley or cause is advocat from ane inferiour judge to ane superiour quhilks advocations ar permitted and leisum to be maid to the Kinges court allanerlie be the auld law of this Realme sik as the justice courte or schiref courte and nowe be the practik used and observed to Lords of Session and College of Iustice And swa because he quha alleged that wrang was done to him in the inferiour courte raised the record or interloquutor pronunced against him and summound the judge to compeire before the Kingis Justice or schiref to heare and see him decerned to have done wrang Therefore sola curia domini regis dicitur habere recordum h. e. Potestatem cognoscendi de recordis interloquutorijs quae transferuntur ab inferiore curia ad superiorem Albeit ilk lauchfull court sik as ane Barrone court hes their awin recordes in all sik actiones as are intended and decided before them and nocht Advocate to ane superiour judge REGRATERIS leg burg cregratarij 70. Quha byis onie merchandice or uther thing Dardanarii and takis unlesumlie greater price for the samin afterward as is exponed be Ia. 2. p. 6. c 23. 24 Ia. 6. p. 12. c. 148. In the civill law regrateris are called dardanarij qui emunt vt possint postea pluris vendere l. annonam 6. de var. extraord crim A quodam Dardano qui annonam flagellabat Alciat lib. 4. de verborum significatione Forestallers And swa regrateris are so called be reason of the augmentation and hichting of the prices Forestallares are properlie they quha pre-occupies and byes merchandes before it cume to the mercat or to the stall or place quhair it suld be sauld or the time of day statute and ordained theirto Ia. 5. p. 4. c. 20. And mair-over it is statute that na man dwelland within burgh or without the samin sall upon the Faire daie bye onie thing outwith the portes of the burgh leg burg c. nullus 75. And likewaies na person suld bye fish flesh victuall or onie uther thing before mercat day or the ringing of the bell in the steipell Stat. gild c. 29. And mairover forstallers are challenged and accused because they sell their gudes and payis
Burgh or to lands lands ar given in con-junctsee or life-rent The Schireffe or the Baillies sal cause the wardatar finde caution not to destroy the bigginges or uther policie And that he sall leave the samin al 's gud as hee fand them And that he sall susteine the aire not haveand sufficient blench or few-ferme landes Ia. 4. p. 3. c. 25. And gif the Schireffe or uther judge be negligent in requiring caution being required thereto be the heretoure or his friendes He sal refound and pay to the heretour of the landes at his perfite age all damnage and skaith susteined throw his negligence Ia. 5. p. 4. c. 14. Claithing The Schireffe suld take inquisition of them quha wearis Claith of gold silver velvet or silkes contrair the actes of parliament and send them to the King to be punished Ia. 3. p. 6. c. 45. Ia. 6. p. 7. c. 113. All they quha usis excesse or superfluitie in banquettes Banquets contair the tenour of the acte of Parliament suld be punished be the Schireffe and uther judges within the Royalitie and regalitie Ia. 6. p. 7. c. 118. And siklike the Schireffe suld send to the Thesaurar the names of all persones quha breakis and contraveenis the act of Parliament maid anent the ordering of ilk mannis house and quantitie of meat and dishes prescrived to ilk man of all estaites that they may be accused and punished therefore Mar. par 5. c. 26. The Provest and Baillies within Burgh suld cause Hostellares take reasonable price for ane mannis dinner and supper effeirand to the prices of victualles And suld also set downe reasonable prices upon ilk mannis wark and suld deliver the samin to the Schireffe Craftesmen that he may cause the samin price be keiped to Landwart Mar. p. 5. c. 22. Mair-over the Schireffe suld punish the Barronne quha examinis nor prices nocht the wark-man-ship of ilk craft within his Barronnie with the paine and unlaw of ten poundes Ia. 1. p. 7. c. 102. The Schireffe suld send or bring all Notars quha ar Temporall men within the boundes of his office and present them to the Lordes of Councell to be examined be them quhidder or nocht they be worthie or qualified for the office of the Notarie Mar. p. 5. c. 24. And the Schireffe with sik persones as the King pleasis to adjoyne to him suld call all Notars before him and examine them Ia. 5. p. 6. c. 76. The Schireffe suld up-take and inbring all taxationes Taxation and mak compt and payment thereof Ia. 4. p. 2. c. 9. The Schireffe with the Barronne or Lord of the lande Weaponshawing suld see and provide that ilk man be armed according to his estaite and rente And sall cause weapon-shawinges to bee maid Èeirlie after the Octaves of Pasche Stat. Ro. 2. Br. c. Ordinatum 27. Or at the least four times in the Èeir Ia. 1. p. 2. c. 44. I. 4. p. 3. c. 31. Or upon Thursday in the Whitsunday oulk Ia 4. p. 6 c. 75. Or twise in the Èeir throw all the Realme in the Moneths of Junij and October or ony uther day as sall please the Schireffe steward or Baillie Ia 5. p. 6. c. 85. The Schireff suld execut the act of Parliament Victuall anent the keiping or threshing out of victualles and cause the samin to bee keiped and obeyed under the paine of tinsell of his office in-during the Kingis will Iam. 2. par 9. cap. 37. The Schireffe and Chalmerlaine sall cause all mettes and measures to be keiped used and observed Mettes and measures conforme to the tenour of the actes of Parliament as they will answere to our Soveraine Lord. Ia. 3. p. 4. c. 22. The Schireffe and his deputes suld escheitte and intromet with all horse perteining to Earles Lordes Barronnes and utheris Horse halden at harde meate langer nor the time prescrived in the act of Parliament Of the quhilk escheit the ane halfe perteinis to the King and the uther halfe to the Schireffe Ia. 6. p. 11. c. 56. The Schireffe at command and direction of the Thesaurar suld take up Escheites and intromet with the escheit guds and geare perteining to rebelles Ia. 6. p. 6. c. 75. Divers and sindrie persones are disobedient to the Kingis Lawes baith civill and criminal Excommunicate persones and also refusis to obey and fullfill lauchful decreites given and pronunced against them be judges Ecclesiasticall civill and criminall For the quhilk cause some ar excomunicat and cursed uthers ar denunced rebelles and put to the horne And therefore the Schireffe to quhome perteinis the execution of the Kingis Lawes and decreetes suld take and apprehend all cursed and excommunicate persones at the desire of the Bishope or his Official and put them in prison until they satisfie God and the Kirk Stat. 2. Rob. Br. cap. Rex tali 31. Speciallie them quha hes remained under the censure of Excomunication be the space of fourtie daies Quoniam attach c. Rex tali 76 stat Rob. 3. c. Item 7. To the quhilk effect letters of caption being direct to the Schireffe he suld execute the samin against all cursed persones And gif they be fugitive their gudes and landes gif they ony have salbe comprised for satisfaction of the partie And gif they have nane they salbe denunced rebelles Ia. 2. p. 5. c. 12. All Schireffes Stewardes Baillies and uther officiares Rebelles baith to Burgh and to lande suld search seeke and apprehend all rebelles beand at the horne and bring them to our Soveraine Lordis justice to be justified conforme to their demerites Under the paine of tinsell of their office for three Èeires gif it be heretable And in all time cumming gif it be Temporall And mair-over to be accused for their negligence in the justice aires or at particular diettes as it sall please the King Ia. 5. p. 7. c. 97. Mair-over the Schireffe and all the saidis judges alsweill within regalitie as royaltie suld search seeke follow persew apprehend and commit to warde and present to justice all declaired traitures and rebelles contemnandlie remainand at the horne un-relaxed and suld do justice upon them gif they have commission to that effect And gif the saidis rebelles be fugitive the Schireffe and uther judges foresaidis suld make denunciation thereof to the Schireffes and judges Ordinar of the foure halfes about and require them to use the like diligence under the paine to the quhilk the traitoures and rebelles ar subjects or hes incurred Iam. 6 p. 12 c. 124. And furder the Schireffe suld incurreand fortifie uther officiares to take up the escheite of rebelles and suld make convocation of the Kingis lieges to that effect Ia 6. p. 6. c. 74. Mair-over all letters of horning with the indorsation thereof suld bee registrat be the Schireffes Clerke within fifteene daies Ratification of letters of horning after the denuntiation And being marked and
subscrived be him suld be delivered to the partie And sik-like all relaxationes suld be registrat in the Schireffis buikes within fifteene daies afer the publication thereof Iam. 6. pa. 6. cap. 75 Iam. 6. par 8. cap. 142. And ilk Schireffe suld cause proclaime the names of the rebelles at the mercat croce of the head burgh upon mercat daies preceeding the three head courtes and affix ane Catalogue conteinand their names upon the mercat croce and in the Tolbuith And send ane uther rol thereof to the Thesaurar conteinand the names and causes for the quhilk they were denunced Ia. 6. p. 6 c. 74. Of inhibitions and interdictiones Last of all to the effect that they quha are in Bona fide be nocht deceived in bying of landes or gudes fra them quha ar interdited or inhibit For eschewing of sik fraud the Schireff Tanquam bonus Praetor suld cause all inhibitiones and interdictiones with the executiones thereof to be registrate in his buikes be his Clerke within fourtie daies after the publication of the samin Ia. 6. p. 7. c 118. QUHAT Is the jurisdiction and office of ane Schireff may be easelie knawin be the lawes and constitutiones abone written Of the paines and punishment of Schireffs quhairof sindrie conteinis certaine speciall paines to be enjoyned to him for his malice or negligence And now I thoucht gud to declare certaine generall penalties prescribed be the lawes of this realme And first the Chancellar Justice Chalmerlaine Schireffe nor nane of their deputes or substitutes sall susteine or maintaine pleyes quarrells or actiones nor sall not take landes or uther budde or rewarde from the partie for hinderance or delay of Justice And gif ony sall happen to be convict thereof he sall be punished at the Kingis will and sall tine and forefalt his office induring his life-time Stat. 2. Rob. Br. c. Dominus Rex 22. Secondlie in the time of King David the Second Because the haill cummunitie and inhabitantes of the Realme Schireffs may be punished at the Kings will and deprived compleined heavelie upon Schireffes Maires Serjandes and utheris the Kingis ministers of the Law It is statute and ordained that incontinent before the end of the Parliament The justice Generall with the Chalmerlane suld call and conveene before them and the inhabitantes of ilk Schireffedome all and sindrie the Schireffes and uther Officiares alsweill heretable as Temporall and deputes And taxe and modifie the damnage and skaith done be them to the King and his lieges to ane certaine summe Quhilk taxation being maid the Schireffe and uther Officiares suld bee put to the knawledge of ane gude and sufficient assise And being found culpable and convict they suld incontinent be put in the Kingis prison untill he with advise of his Councell declare his will And mair-over all the saidis Schireffs and uther Officiares either heretable or temporal being filed and convict suld forefalt and tine their office induring their life-time Da. 2. In his Parliament halden at Perth 18. Feb. 1369. And of his reigne The Schireff may be removed be the justice and punished be the three estaites 40. Èeire Thirdlie the justice Generall in his justice aire sall challenge and accuse the Schireffes and uther the Kingis officiares and take cognition how they have used and exerced their offices And gif ony of them be founde culpable or faultie The justice sall remoove him fra his office untill the nixt Parliament And sall put ane uther in his place to use the office in the meane time And mair-over the justice sall take sufficiente sovertie of him under certaine paines that he sall compeir in the nixt Parliament to underly the determination and punishment to be enjoyned to him be the Parliament for his fault And he sall no waies be restored to his office bot gif the three estaites think the samin expedient Stat. Rob. Br. 3. Ex libro Sconensi Schireffs heretable and Temporall Fourthlie gif the Schireffe or ony uther officiar of law be lauchfully proven or notourlie knawin faultise or negligent in the execution of his office perteining to him in fee and heretage He sall tine the samin and all the profites thereof for ane Èeir and daye and salbe punished in his persone and gudes at the Kingis will after the qualitie of the trespas And gif his office is Temporall he sall tine the samin for all the times he hes it And uther-waies salbe punished as said is Ia. 2. p. 14. c. 77. Fiftlie gif the Schireffe or ony judge Ordinar will not execute his office and minister justice he salbe punished and put fra his office for ane certaine time after the discretion of the King and the Councell and punished at the Kingis will and pay the expenses to the partie compleinand And gif he be found partiall or culpable in the administration of justice And is Schireffe in fee and heritage he sall tine his office for three Èeires And gif he be Temporall havand his office for ane certaine time he sall be put fra the samin perpetuallie Pay the expenses to the partie offended and punished in his person at the Kingis will Iam. 3 p. 5. c. 26. Tinsell of honour fame Sextlie all Schireffes and uther judges alswell Spirituall as Temporall within regalitie and royaltie sall do trew and equall justice to al the Kingis lieges without ony partiall counsell or taking of buddes under the paine of tinsell of their honour fame and dignitie Iam. 5. par 7. cap. 104. Extract of process Gif ony partie compleinis upon the Schireffe that he hes done to him wrang in giving or pronouncing ony sentence or decreete against him And desiris the samin to be extracted and delivered to him upon his expenses The Schireffe suld give and deliver the processe led and deduced before him to the partie upon his expences And suld take foure pennies for ilk acte allanerlie Ia. 4. p. 6. c. 67. At the least he suld extract proces decreetes give saisinges and retoures at reasonable prices Ia. 6. p 12. c. 124. PARAINESIS AD IUDICES OMnis qui judicare debet Stateram in manu teneat Nam aequalia sine personarum exceptione esse debent judicia Nihil iniquius quam munera capere in judiciis Quia munera excaecant corda prudentium subvertunt verba justorum Qua enim Bilance judicabitis eadem judicabimini Quapropter tu judex timeas Deum judicem ne forte eo judicante damneris Stat. Wilhel Cap. 27. Proinde sis Deum honorans timens Sapiens in scientia potens Veritatem sequens amans Avaritias odiens detestans de Maritag c. 2. Cave justitiam subvertas odio per quod inventa aliqua malitiosa cautela contra partem tibi exosam reddis judicium indirectum Vel cupiditate dum corruptus muneribus malitiose judicabis Vel timore dum metu potentioris vere judicare
tenementes within Burgh The sext the brieve of division The seventh the brieve of perambulation Quhairof the three first brieves are answered and retoured againe to the Chancellarie And the uther foure receivis na retoured answer The cause of the diversitie dependis upon the forme of the brieves direct furth of the Chancellarie Because the three first brieves in the end of ilk ane of them conteinis an command to the judge to quhome they are direct to send back againe his answere to ilke point of the brieve And the remnant foure brieves hes na sik command And theirfore requiris na answer BREVE de divisis faciendis Is the brieve or summonds of cognition or molestation anent the propertie and commontie of Landes anent the bounds meithes and marches theirof betuixt Neighbour and Neighbour Quhilk be the new act of Parliament suld be decided be ane assise before the Schireffe and his deputes Ja. 6. p. 11. c. 42. It maie be likewaies called the brieve of division or of perambulation or onie uther concerning the marches of landes lib. 2. c. dicitur 74. BREVE de nova dissasina quo attach c. de brevibus 31. Is the brieve or summondes of ejection or spuilÈie For dissasitor is he quha ejectis onie man furth of the possession of his landis without ordour of the law as writis John Rastel verb. dissasitor And nova dissasina signifies alswa spuilÈie maisterful wrangous or violent spoliatioÌ„ away taking of moveable guds and gear 22. March 1547. William Lindsay contrair Alex. Chene Molinans in stilo curiae parliament part 1. c. 10. c. 18. affirmis that noua dissasina is that quhilk in the civil law is called interdictum unde vi And coÌ„prehends also interdictum uti possidetis And in the Law of Normandy li. 8. c. 3. it is called interdictum recuperandae possessionis vid. dissasina BREVES pleadable breve placitabile are all sik brieves quhilkis are persewed and defended be ane ordinar forme of proces before ane competent judge at the instance of ane persewer against ane defender For it is Statute that na man sall be ejected furth of his land or tenemente quhairin he alledgis him to be vest and saised bot be an brieve pleadable or sum uther brieve accordand theirto that the said person be lawfully summound to answer upon his heritage at ane certaine day place Stat. 2. Rob. Br. C. Item 25. quhilk is conforme to the acts of Parli Ia. 3. P. 6. c. 41. BREVE de recto the brieve of richt was used before the Justice generall and his deputes in decision of the ground richt and propertie of lands and reduction of infeftments the quhilk forme of proces is declared at length in the first buike of Regiam Majestatem and in quo attach c. de brevibus 13. and be the Lords of councell and session is decerned nocht to have bene nor Èit to be thir mony Èeires in use and theirfore they find themselfe conform to the institution of the Colledge of Justice and jurisdiction granted to them to be judges competent in all causes of heretage vlt. Februar 1542 Patrick Weemes contrair Forbes of Reres BREVE de morte antecessoris the brieve of Mortancestrie l. 2. c. generalia 25. Or the brieve of succession or of consanguinitie de iudicib c. Natura 158. Or breve inquisitionis Stat. Rob. 3. c. 1. Or the brieve of inquest I. 4. p. 6. c. 94. Albeit all brieves are inquisitions because they are determinat per inqusitionem patriae de iudicib c. cum quis 152 or the brieve of recognition breve recognitionis Stat. 2. Rob. Br. c. Item quia 23. It is the maist necessar common and profitable brieve or inquisition that is used be the lieges of this Realme quhairby ane desiris to be served and retoured as narrest and lauchfull aire to his father or uther predicessour This brieve is rased furth of the Chancellarie and persewed be ane appeirand aire of perfite age The persewer of the Brieve for recovering of his landes furth of his superiours handes togidder with all the proffites and commodities theirof leg forest c. et si haeres 71. The raiser of the brieve at the samin time suld find caution to persew and follow the brieve and his clame conforme theirto lib. 3 c. generalia 25. The Judge Be the auld law of this Realme the Iustice generall and his deputes haveand jurisdiction nocht onelie in criminall causes bot also in civil actions was judge competent to the service of this brieve quoÌ„ attach c. de brevibus 31. Bot now the samin is served before the Schireffe Stewart baillie or onie uther judge havand power and jurisdiction Stat. Rob. 3. c. 1. Or before judges delegat be commission granted be the Lords of Councel Proclamation for the serving of the said brieve Ia. 5. p. 6. c. 82. The brieve suld be proclaimed upon fifteene dayes warning exclusivè That is upon fifteene daies nocht comptand the daie of the service of the brieve to bee ane of them be sik persones as hes power be their office or commission to proclaime the samin in ane lauchfull publick and convenient place That is to say in the principall Burgh of the Schireffe-dome Balliery or uther place quhair the landes lies at the mercat croce theirof and in mercat time of daie before twa witnesses at the least to the effect that the knawledge theirof may cum to the audience of all parties havand or pretendand entres theirintill and theirafter the brieve suld be lauchfullie execute and indorsate Indorsation be the officiar executor theirof and stamped with his seale or signet before the samin be presented in judgement Stat Rob. 3. c. 1. I. 1. p. 9. c. 127. 1. 4. p. 6. c. 94. 1. 6. p. 11. c. 60. In registro 16. No. 1537. It is necessar and also lesum to the Schireffe or onie uther Iudge of this brieve Assise suld be summound to suÌ„mmond certaine persons maist worthy within his jurisdiction to passe upon the assise and that upon the space of fifteene daies or Èit gif he pleasis upon ane schorter time and gif they be present in the tolbuith un-summoned it is leasum to the Judge to compell them to passe upon the said inquest Ia. 4. p. 6. c. 94. And all sik persones summoned and nocht compeirand ar charged at the barre and dissobeyand suld bee decerned in ane unlaw and amerciament of court The brieve beand lauchfullie proclaimed and the persons of inqueist like-waies summoned and the daie of compeirance being cum the persewer exhibitis and presentis the brieve dewlie execute and indorsate in judgement to the Judge and desiris him to cause the samin be red and put to the knawledge of ane assise Thereafter the officiar executour of the said brieve be his great aith Verification of the brieve sall sweare judiciallie that he did execute the samin brieve conforme to
is deceased untill her dowrie be payed to her Vid. Quarentena viduarum EVE Et Treve dicuntur nativi de ave triavo quorum majores servitutem servierunt That is sik slaves or servandes quhais father gudschir grand-schir and for-bears hes been servandes to ony man and his predecessoures Quoniam atttach ca. de brevibus 31. vid. Bondagium EXITUS Terrae The rentes fruites and profites of the land Lib. 2. Cap. Si quis liberum 24. lib 3 c cum autem 6. quoniam attach cap. secus 28. leg Forest c Probata 87. Exitus justitiariae The profite or commodities of the justice aire Iter justic c. 3 4. Exitus curiae the commoditie and profite of the court sik as unlawes and summes of money payed be them quha are amerciat or convict of ony crime or comes in will therefore as is manifest be the forme of the precept direct be the Chalmerlane to the Schireffe to take up and intromet with exitus camerariae or the profites of the Chalmerlane aire Exitus haereditatis de actorn cap. 1. is called the fruites rentes profites and emoluments of the heretage quhilk in the English law is called the issues of the heritage Mag Cart Anno 51. Hen 3 cap 17. And siklike Exitus tenementi signifies the mailles and dewties thereof Quoniam attach c Secus 29 Mod ten cur c 30. EXTENT of landes signifies the rents profites and issues of the samin quhairof there is twa kindes The auld extent and the new extent For it appearis that the rentall and valour of landes hes been taxed and liquidat to ane certaine summe of silver conforme to the profites and dewties quhilk the landes payed at that time Quhilk is called the auld and first extent tempore pacis Bot because the revenues and dewties of landes be progresse of time did incresse and grow mair and mair ane uther taxation and extent was maid in the time of peace as the former extent conforme to the profites augmented as said is quhilk therefore is called the new or second extent And properlie is the verie availe that the land is worth and givis the daye of serving of the brieve Ja. 3. p. 7. cap. 55. To the quhilk the worde Nunc conteined in the brieve and retour suld be referred For tempore belli or in time of weire there is na ordinar or certain extent of landes prescrived be ony law for in sik time either the lands are wast and are not laboured or the lands-lordes servis in proper persone And it is na reason that they suld baith make personal service and also pay extent or taxation The lordes of the Session esteemis ane marke land of auld extent to four marke land of new extent 21. Mart. 1541. Quhilk commounlie is called the fourth maill and suld be generallie used in retouring of landes to the Kingis Chancellarie and uthers Chappelles Albeit the samin is nocht perpetuallie observed This distinction of the auld extent and new extent is necessar For taxation of landes are raised conforme to the auld extent and the relief of lands is the retoured maill according to the new extent And sik-like quhen landes are fallen in the superioures handes be reason of none-entres he suld have allanerlie the retoured maill thereof conforme to the new extent vide None-entres F FALSING of doomes Reduction of decreets vide Sok FARANDMAN De Judic c. 47. Ane stranger or Pilgrimer to quhome justice suld be done with all expedition That his peregrination be not stayed or stopped Peregrini mercatores dicuntur Farandman lib. 4. c. 30. in lib. Sconensi FELONIA signifies nocht onelie the falsed or the contumacie of the vassall toward his over-over-lord or of the over-lord toward his vassall Bot also all and quhatsumever capitall crime in Latine scelus in Dutch Schelmerie or ony uther fault or trespasse Iter Camer c. Si quis captus 25. Stat Alex ca. 2 lib 2 cap ultim 54. As to hurt or assailÈie ony man with sword either edge or ure Ja 1 par 6 c 97. Or ony lesse or private crime as suspition of theift or quhatsumever fraud deceate commonlie used in contractes pactiones and uther conventiones Lib. 3. cap. ex causa 8. in fine Cuia lib. 1. de feud Writtis that fellonie is not onelie rebellion bot also perfidie fraud or ony kinde of fault perfidia fraus culpa improbitas FEODUM Feudum signifies nocht as some affirmis life-rent in Latine usus fructus For he that is saised in the life-rent of landes is nocht understand to be saised in feodo or in the fee thereof For the ane is different from the uther 7. Mart 1561. The Countesse of Crawfurd contrair the Earle of Crawfurd And sik-like Feodum signifies nocht the superioritie of landes For gif ony maried man happenis to decease vest and saised in the superioritie of landes his wife suld not have ane terce or third thereof Bot Feodum commonlie signifies the heretable fee and propertie of ony thing and speciallie of lands as is commonlie conteined in brieves and retoures Cum aliquis dicitur obiisse sasitus vestitus in terris ut de feodo Lib 3 Cap. Cum verò 28. c. sequens 33. Stat Rob 3 cap 1 Of the quhilk landes the just thrid and reasonable terce will perteine to the wife fra the time of her husbandes decease induring her lifetime vid. Quarentena viduar Dom feodi or feudi Is called the Lord of the ground or land li 2 c. Usurarii 53. Quhair feodum haereditas ar baith ane haereditas damnati propter crimen dicitur pertinere ad dominum feodi tanquam escheta Item si quis condemnatus fuerit de furto res ejus mobiles catalla solent vicecomiti remanere Terram autem si quam habuerit dominus feudi habebit Lib 2 ca Forisfactum 55. He is called utherwise Dominus fundi Lib. 2. c. Defuncto 69. Et fendum idem est quod fundus lib. 2. cap. Mutua 68. And Actio feudi is ane action or pley of landes or heretage Lib. 1 cap. 2. Feodum militare signifies landes halden be service of warde and relief Lib 2 cap Maritagium 56. Feudum laicale Is landes perteining to Laicks and Temporall men lib 2. cap 59. As feodum Ecclesiasticum signifies landes perteining to the Kirk or Kirk-men Lib 3 cap sequitur 31. Cum seqq Swa be the lawes of this Realme all gudes and geare ar moveable and called Catalla Or immoveable and ar called feodum haereditas terra fundus tenementum Fee or propertie in latin dominium cannot pertein to maa persons nor ane Quia dominum unius rei uno eodemque tempore non potest esse in solidum penes plures And therefore gif twa or maa persons happenis to be infeft conjunctlie in ony landes the propertie perteinis to him in quhais aires and successours the infeftment resolvis As for example The husband and the wife ar infest in certeine landes
person indited na mention suld be maid of the cause or crime for the quhilk he suld be indited bot the same suld be concealed be the clerke and na waies revealed be him Stat. Wilh c. statuit etiam 6. leg Forest c. Si aliquis 52. quoniam attach c. Si aliquis 49. Ass reg Da. c. 6. All the indwellers within the towne or village suld concurre and assist the crowner Arreisting of disobedient persones in attachement or arreisting ony malefactour to compeir in the justice aire to underly the law Stat. Alex. c. 2. And sik-like quhen the crowner receivis his portuous conteinand the name of ony person indited quha will not obey him or quhom he dare not nor is it of power to arreist he sall passe to the Lord of the Barronnie quhairin that person dwellis Utherwaies gif he dwellis not within ane Barronnie he sall passe to the Schireffe of the Schire and require them to be borgh and sovertie to enter the said person to the justice aire quhilk gif the Barrone or Schireffe refusis the Crowner fall require them to send their officiares and sufficient number with them to fortifie and supplie him in making of his arreistment taking and keiping of the said disobedient person quhill he be brocht to the Schireffe to be keiped be him untill the time of the Justice aire Jam. 3. p. 14. c. 99. Mair-over the crowner sall bring all persones arreisted be him quha hes not or may not find borrowes to the Schireffe of the Schire quha sall receive him in suretie and firmance upon the Kingis expenses and quhair it failÈies on their awin gudes quhill the nixt justice aire and there present them to the justice Ja. 3. p 14. c. 102. The crowners expenses The Crowner or makers of the attachements and arreistments suld not intromet or carie awaie ony gudes or geare perteining to the persones attached Bot the Lord or officiar of the towne sall susteine them reasonablie upon the expenses of the saide person be the space of ane day and ane nicht Stat. Alex. c. 2. And gif the said person cannot be personally apprehended The crowner may remaine in his dwelling-house ane day and ane nicht and suld be susteined with twa servandes and uther twa as witnesses and his clerke suld have twa schillings and sa may nocht take any mair of the gudes and geare perteining to the said person attached albeit he be absent leg Malc Mak. c. 1. Probation of arreistments Attachements and arreistments maid be Crowners and serjandes may be provin be them and witnes Ia. 3. p. 7. c. 52. That is be the aith of the Crowner ane witnes conforme to the auld consuetude l. 5. p. 4. cap. 33. The crowners fee. The crowner sall have for his fee for ilk man amerciat or componand ane colpindach or threttie pennies For him that is clenged be ane assise the crowner sall have na thing For ane man filed or condemned the crowner sall have all the dantoned horse not schod Leg. Mal. Mac. c. 1. Quhilk is to be understand of dantoned Horse depute to wark and not to the sadle that was never schod nor used to schoone J. 3. p. 14. cap. 113. The crowner suld have all the cornes lyand in binges and mowes casten and broken all the in-sight utensile and domicile within the inner part of the house That is within the cruik hingand upon the fire And all and sindrie scheip within twentie And all the swine and Gaites within ten Leg. Mal. Mak. c. 1. Attachements and arreistmentes being maid or directed to be maid Of persons quha suld compeir in the justice aire or in the time of the making thereof The justice generall directis ane charge called praeceptum itineris Iustitiariae Praceptum itineris justiciaria to the Schireffe and his deputes in maner and forme following Wilhelmus Iustitiarius domini regis generaliter constitutus Vicecomiti Ballivis suis de E. salutem Quia ordinamus iter justitiariae domini nostri regis Deo duce tenen de tota ballia vestra apud E. Decimo die mensis N. proximè futuri cum continuatione dierum Vobis pracipimus mandamus quatenus summoneatis seu summoneri faciatis legitimè coram testibus legalibus omnes Episcopos Abbates Priores Comites Barones ceteros liberè-tenentes totius balliae vestrae qui sectas debent Ac etiam omnes illos qui nihil nisi suas debent praesentias qui de domino nostro rege tenent in capite Quod compareant coram nobis seu deputatis nostris pluribus aut uno dictis die loco cum continuatione dierum ad perficiendum subeundum determinandum id quod in hac parte juris ordo postulat Praemoneatis etiam omnes indictatos tam de novo quam de veteri suos plegios qui nondum coram nobis comparuerunt judicium subierunt ac etiam illos qui prosequi habent vel defendere in dicto itinere secundum formam juris Quod compareant coram nobis seu deputatis nostris pluribus aut uno dictis die loco cum dicta continuatione dierum ad perficiendum subeundum id quod in hac parte juris ordo requirit Et fitis vos Vicecomes Ballivi vestri ibidem dictis die loco cum dicta continuatione dierum haben vobiscum summonitionis ac praemonitionis vestrae testimonium hoc breve Provideatis in-super pro expensis nostris benè competenter Quas vobis in vestris primis computis de exitibus Iustitiariae reddendis vobis faciemus pleniùs allocari Et hoc nullatenus omittatis sub omni poena quae competit in hac parte Datum sub sigillo nostri officii Iustitiariae Quhilk precept and command is conforme to the Lawes of this realme Because all free-halders haldand lands in chiefe of the King within the Schireffdome Assessours and counsellers quhair the justice aire is halden suld compeir and be present all excuse set aside except the same be of sicknes the Kings service or tinsell of landes and heritage To certifie and informe the justice and his deputes in sik question and doubtes quhilk incidentlie arisis as emergent and of before could nocht be fore-seene nor knawen Ass reg Da. c. stat 18. quoniam attach c. stat 77. Sik as Bischops Abbots Priors Earls Barones and uther free tennents being summoned and warned to that effect quon attach c. ad summonitiones 78. l. 4. c. Stat. 19 and they being lauchfully warned and not compeirand incurris the paine of the unlaw of the court Li. 4 c. statutum c. 19. And may be punished as favourers of the transgressours and airt and part with them Ia. 4. p. 3. c. 29. And they and all uther the Kingis lieges suld cum to the justice aire and to all uther courtes in sober and quiet maner and suld not bring with them
assigne to them ane certaine day to underlie the law either in that aire or thereafter quhen he sall think speedfull And at the samin time it is leasum to the Kings justice sittand in the principall burgh of the royaltie to give ane assise to all the saidis burgesses repledged of their awin nichtboures that best knawis the veritie dwelland in the same burgh with them And gif there be nocht ane sufficient number of the said con-burgesses It salbe leiffull to choose ane assise of the burgesses of the said head burgh quhair the justice and his deputes sittis as he sall think expedient Ia. 4. p. 1. c. 1. 14. Gif the partie accused compeirand alleagis to his remission or respet he sall produce the samin in court Remissiones or respettes and sall finde sicker borrowes to assith and content the partie compleinand within fourtie daies following Quhair-upon ane act is maid in court quhairby he and his cautioner ar oblished to assith and satisfie the partie within the space foresaid Quhilk is called the acte of Adjournall Act of adjournall And gif he refusis to finde caution he sall remain in the Kingis prison quhill the said fourtie daies be runne and then his remission salbe expired and of na value Ia. 2. pa. 14. c. 75. And in this case quhen ony man takis him to his remission respet or composition in the justice aire or justice court and findis sovertie to assith the partie It is leasum to the partie to call the said sovertie before the Lordes of Councell conforme to the act of Adjournall maid thereanent Ia. 5. p. 3. c. 7. As gif ony man becummis sovertie for ane uther anent spuilÈie committed be him and for restitution or satisfaction to be maid be him therefore He as sovertie may be called and conveened for the gudes spuilÈied For the violent prices thereof for the damnage skaith and interest susteined be the persewer throw the committing of the said spuilÈie 10. Martij 1500. William Keith contrair the Earle of Caithnesse And the said sovertie being condemned hes gud action against the principall partie for his reliefe be ane simple charge upon sex daies warning without peremptour summoundes or ordour of table 11. Julij 1543. 15. Gif the person attached compeiris in the Courte and beand accused hes na relevant exception or reasonable defense of necessitie he suld passe to the knawledge of ane assise conforme to the Lawes of the Realme At the quhilk time the haill assisours suld be called and the absentis amerciat Ia. 6. p. 11. c. 76. And the partie accused suld be heard to propone all and sindrie his lauchfull defenses against the haill assisoures or ony of them to repell them as he may best of the law and stay them to passe upon his assise At this time the person compeirand and accused cummis in the will of the justice or he is clenged be ane assise Persones cummand in will or he is filed and convict Gif he submittis himselfe and cummis in will It is leasum to the justice to draw him furth of the rolles and to declare his will and to charge him to pay ane composition or sik ane summe of silver as he pleasis to modifie after the qualitie of the crime and person for up-taking and in-bringing quhairof the justice aire being ended the justice directis his precept called Praeceptum extractus itineris justitiariae in this forme The precept of extractes Wilhelmus justitiarius generalis Vicecomiti Ballivis suis de E. salutem Quia in itinere justitiariae Domini nostri regis per nos ultimò tent apud F. decimo die mensis N. Anno Domini c. Diversi fuerunt amerciati pro suis delictis convicti in nostra voluntate positi Quare vobis praecipimus mandamus quatenus de infra scriptis personis subscriptas summas levari faciatis pro eisdem secundum formam juris distringatis Et primò de N. summam c. De quibusquidem summis solvatis pro expensis nostris in dicto itinere summam N. Residuum verò dictarum summarum solvatis cofferariis Domini Nostri Regis Vel cui vobis assignabitur infra tempus legitimum hoc est infra quadraginta dies primum diem dicti itineris proximè immediatè sequen Et hoc nullo modo omittatis Quhen ony person is clenged be ane assise Persones charged the justice directis his Testimoniall called Litera testimonialis de homine mundato per assisam in manner following Wilhelmus justitiarius generalis universis singulis ad quorum notitias praesentes literae pervenerint salut Noveritis quod comparens coram nobis itinere justitiariae Domini nostri Regis tent apud F. decimo die mensis N. anno Domini c. I. de B. indictatus per rotules Regios calumniatus de arte parte talis furti vel talis rapinae vel incendij c. Quamquidem calumniam dictus I. in facie judicij penitus denegavit Et super hoc ad recognitionem assisae utique se submisit Quaequidem assisa hinc inde diligenter consultae Et pleniùs avisata dictum I. à dictis calumniis sibi impositis quittum declaravit penitus immunem Et hoc omnibus quorum interest vel interesse poterit notum facimus per praesentes In cuius rei testimonium sigillum officij nostri appendi curavimus All thay persons quha cummis in will and drawen furth of the rolles and also they quha ar clenged be ane assise can na waies in ony time thereafter be called or accused for that crime for the quhilk they cum in will for anis quit and clenged ay quit and clenged Èœit nevertheles gif ony person be accused criminallie of life lim at the instance of ane uther private man allanerlie and is clenged and maid quite the Kingis justice his deputes be reason of their office may thereafter tak inquisition anent the said crime in the Kingis name accuse the committer thereof conforme to the Law Notwithstanding that of before he was clenged thereof be ane assise Lib. 4. c. Si querela 58. Because the action or persute of ane privy partie prejudgis not the King in his richt or rentes competent to him be reason of his royal power And therefor the Thesaurar and the Kings Advocate may persew all malefactoures Albeit the parties desist or privatlie agree amangst themselves Ia. 6 par 11 ca. 76. Persones filed and convict Quhen trespassours and malefactoures ar convict as breakers of the statuts and acts conteinand dittay they aucht and suld be punished according to justice and conforme to the tenour and paines conteined in the acts broken and contraveened be them Ia. 4. p. 4. c. 45. And sa gif the paine conteined in the act be pecunial they suld pay the samin And gif it be capital they suld underly and suffer the
samin except the King give them remission and speciall grace there-anent As for example landed men lauchfullie and ordourlie convict of common thieft recept of thieft stouth or riefe incurris the paine of treason and therefore suld be punished be tinsell of life and confiscation of landes and gudes Ia. 6. p. 11. c. 50. Alwaies the Crowner may not intromet with ony gudes or geare perteining to ony trespassour convict and condemned to the death as his awin hand untill the Scheriffe or his deputes passe or send with him and visie all the haill gudes and deliver to the Crowner sa-meikle as he sulde have be reason and as perteinis to his office and bring the remanent to our Soveraine Lord and his Thesaurar I. 3 par 14. c. 102. The ende of the aire The justice aire beand ended the justice sall deliver the extract thereof subscrived be him to the Thesaurar quha sall cause take up the soumes conteined thereintill and make compt thereof in the nixt Checker in the quhilk compt salbe allowed the expenses and charges of the justice his deputes and Clerkes as the samin salbe modified be the Lordes Auditoures of the Checker Ia. 6. p. 11. c. 81. L LAST Of gudes how meikle it conteinis vid. Serplaith LET Lands to borgh dimittere terras ad pleg vid. plegius vide Recog LEX Apparens lib. 4. cap. 4. de iudic c. 24. Leg. Forest cap. Item in placito 16. signifies the law concerning singular battell And lib. 4. cap. 1. it signifies ane inquisition maid or taken be ane inquest or assise And in the Law of Normandie li. 9. c. 10. It is called Loy apparisant And lib. 8. c. 3. All quarrelles of possessiones or moveables quhilkis are called Chattell or of landes and immoveable gudes suld be decided be commoun and simple quarrelles conforme to ordour of lawe or be lawes Apparisantes Loy apparisant quhilkis ar determinat ather be singular battell or be ane inquest of of the cuntrie utherwaies called Loy recognoissant It is likewaies called Lex paribilis Lex paribilis a parium pugna vel concertatione from the combat of peeres and Campionis or lex duellonum quhilk law is ungodlie and not to be used among Christianes Cuia lib. 1. de feud LIBERATIO ane see given to ane servand or officiar quhilk is called ane liverie Leg. Malcoln Mackenneth c. 4. Feodum or fee is commonlie of silver and money and ane liverie is of meate or cleithes Bot this distinction or difference is nocht perpetuall LIBERUM Tenementum is commonlie and properlie called franck tenement or life-rent In Latine vsus fructus conform to the dailie practicque of this Realme And neverthelesse Liberum tenementum signifies the propertie fee or heritage Donatio liberi tenementi concessio haereditatis is baith ane Lib. 2. c. potest 21. Tenementum Regium is called the Kingis heretage Lib. 2. c. Dicitur 74. In the quhilk signification Minor dicitur esse in tenemento lib. 3. c. Generalia 24. c. Remanere 26. Et placitum de recto liberis tenementis per breve domini Regis de recto debet terminari Lib. 1 c. 6. And King Alexander gave and disponed to Duncan Forbeys tenementum de Forbeys That is the landes and heretage of Forbeys quhilk Charter is Èit extant vid. Tenementum LIGEANTIA Lib 2. c. Fieri 61. From the Italian word Liga ane league Alodium band or obligation as homo ligius ane man quha is oblished and bound fra the quhilk cummis Alodium in libris feudorum quasi possessio sine Leode Cuius possessor nemini est leodes sive ligius And ligeantia is the mutuall band or obligation betuixt the maister and the servand Lib. 2. c. plurib 14. lib 4. c. Si quis super 36. Vid. Affidatio Item the mutuall band and obligation betwixt the King and his subjectes quhairby wee ar called his lieges because we are bound and oblished to obey and serve him And he is called our liege King because he suld maintaine and defend us And the doctors of the law writis Quod imperator dicitur dominê° totiê° mundi eodem modo quo rex regni l. bene a Zenone C. de quadr praescript Quhilk suld be understand concerning the defence and maintenance and not anent the propertie Homagium ligium Quia reges non sunt domini privataruÌ„ possessionum Glos in L. Barbarius de Offic. praetor Homagium ligium vel cum ligeantia factum Is quhen the vassall absolutlie makis homage to his superiour against all and quhat-sum-ever persones without exception of onie man quhilk suld be done to na uther Non ligium bot to the King allanerlie Homagium non ligium vel sine ligeantia is that quhilk the vassall makis to his Over-Lord excepting and reserving the fidelitie quhilk he aucht to the King or his elder Over-lord or maister Lib. 2. c. fieri 61. Chessanaeus in Consuetud Burgund Rubric 3. § 3. Verb. homage Nu. 10. cum seqq Quhilk vassall is called vassallus non homologus Likeas the uther is vassallus homologus in quhais aith na person is excepted Cuia lib. 2. de feud M MACHAMIUM Mechamium from the auld French worde Mehaigne quhilk we call ManÈie hurt mutilation demembration or the losse or tinsell of ony member of ane mannis bodie Or the breaking of ane bane or quhen ane mannis harn-pan or ony part thereof is cutted away or dung in Li. 4. c. 4. Res cum mahamio dicitur res minus sana Lib. 3. c. ex causa 8. Be the auld Law of this realme he quha is mainÈied hes ane just cause to excuse himselfe fra singular battell and Èit he will bee compelled to purge clenge and defend himselfe Per ignem aquam li. 4. c. 4. cap. Si quis pro latrocinio 15. Quoniam attach c. Si quis 58. Lib. 4. c. assisa 20. Stat. Alex. c. quicunque 31. Quhairof the power perteinis not to ony Barronne For na subject may compell ane uther to purge himselfe be fire or water Stat. Alex. c. praeterea 32. This kinde of purgation was ane maist scharp and extream kind of purgation and tryall Like as we dailie use in commoun proverb quhen we say be way of menacing boasting that we sall gar ony person pas per ignem aquam That is to suffer and underly that kinde of tryall that is maist severe and extreame It is called judicium Dei the judgement of God as knawin to him allanerly Iter. Camer c. cum hoc 25. And was in great use amangst the Longobardes Judicium Dei as is exponed be Hotomannus de feud c. 44. In the auld Saxon toung and Èit in dutch it is called Ordeil ordalium from or quhilk they use as privativa particula and Del quhilk signifies ane part or portion Ordalium quhilk word we use in the same signification and
summond warne the parties suld be execute upon fifteene dayes Iam. 1. par 9. cap. 130. Iam. 5. par 6. cap. 72. And gif the indwellers within the Schireff-dom and royaltie thereof compeiris nocht in sufficient number or sendis nocht their attournayes to passe upon serving of in-queists or retoures swa that thereby the Schireff-court is weake and nocht weill stuffed The Schireffe may warn the gentlemen of the regalitie to compeire and enforce his Court but prejudice of their regalitie Iam. 1. par 9. cap. 130. Item all Barrones Knightes free-halders and stewardes of Bischoppes of Abbotes and of Earles suld be present at the Schireff-court under the paine of the Kingis un-lawe Lib. 4. c. statutum 19. Ass reg Da. c. ad summonitiones 19. All the saidis persones and uthers quha comes to the courte sulde come in sober and quiet maner with al 's monie persones as they daylye susteine in house-halde and familie and beand come to their ludgeing they sulde weare na weapones but their knife and gif ony of them dreadis bodily harme of ane uther the schireffe suld grant him law-burrowes Ia 2. p. 14. c. 83 and it is leasum to the schiref to charge all persones to cum to his court in sober maner and gif they refuse to skaill their gadderinges and convocation he may stay or continue the court and the persones disobedient sal be punished be warding of their persones be the space of ane Èeire and be payment of the expensis and damnage susteined be the partie throw delaie of justice Ia. 3. p. 14 c. 104 And albeit all friehalders and uthers persones suld cum to court in quiet maner as said is Nevertheles it is leasum to the schireffe stewart bailly and uthers the kinges officiars to ride with greater number for execution of justice The unlaw of courte and furth setting of the Kingis authoritie Ia. 5. p. 4. c. 27. The unlaw of the Schireffe in his court suld not exceede the summe of 16 schillinges and to his clerk 2. schillinges and to his serjand an colpindach or 30. pennies leg Malc Mack c. 2. Jurisdiction The Schireff hes na jurisdiction outwith his awin territorie The jurisdiction of the Schireffe consistis and standis generallie in diverse and sindrie pointes Bot first of all it is to wit that the schireffe his depute and serjand hes na jurisdiction or power outwith the boundes of his awin schireffdome to sumund or attache ony person or to poynd or take ane destres of onie mans gudes and geare for they suld make faith that they sall faithfullie serve the King within their awin Schireffedom and sal nocht trouble or molest onie person within the samin against law and reason Ass reg Da. c. nullus 13. quo attach c. nullus 57. Swa it is manifest that the Schireff hes onlie jurisdiction within his awin Schireffedome The Schireff suld cause the lawes be proclaimed and observed Within the quhilk he and his deputes suld cause the lawes acts of Parliament to be published red and proclaimed in his courtes and to be keiped and observed be all our Soveraine Lordes lieges alsweil in the courtes of all Prelates Erles Barrones and uthers haveand power to hald court as in his awin schireffe court and suld give to them the copie of the lawes that na man pretend justlie ignorance thereof Stat. 2. Rob. c. Robertus 28. And siklike in all burrowes of this realm the schireff sall cause 12. leil and honest men of the burgh sweare and make faith that they sall cause the Kingis lawes be keiped and observed Stat. Alex. c. Item in omni 25. to the effect the samin may be the better done be him the acts of Parliament being registrat suld be delivered be the Clerk of the Register to him quhilk he sall cause be proclaimed oppenlie in chiefe place of the schireffdome and suld give copies of them to prelates barrones burrows within his schireffdome upon the expenses of the asker suld cause all indwellers within his schireffdome baith to land and to burgh to keipe and observe the said lawes and statutes under the paine of deprivation of his office Ia 1. p. 3. c. 67. Ia. 2. pr 14. c. 90. The Schireff suld be present in all courtes And likewaies to the effect the schireff suld see justice lauchfullie done and ministred he suld be present in al courts of Bishoppes Abbots Earls Barrones and friehalders to quhoÌ„ it is not leasum to hald their courtes except the schireff or his deputes be present or summoned to that effect li. 4. c. die lunae 14. Stat. Alex. assisa 10. Ass reg Da c. 1. And siklike na barrone may hald court of battell water or jron except the schiref or his deputes be present to see justice done Stat. Alex. c. praeterea 28. vid. duellum vid mahamium And mairover the schireff and all uther judges within the schireffedome The Schireff suld repair to the King suld repaire and cum to the King the first night he cummis within the schireffdome to answer to all complaintes maid against him anent the nocht keiping and observation of the lawes and sal nocht departe nor passe away without licence asked and obteined under the paine and unlaw of aucht kye Ass reg Da. c. statutum 20 quo attach c. Statutum 80. And also sall nocht passe awaie fra the King except he have with him the Actes of Parliament and his instructiones given to him in writ Ass reg Da. ex libro Sconensi He suld not execute or obey unlauchfull commandes Last concerning the execution and observation of the lawes the schireffe nor na uther officiar of the law sall onie waies obey or execute onie command direct to them be the King under the great seale privie seale or signet repugnant or contrarious to law or reasson Bot gif onie sik precept be presented to them they sall receive the samin reverentlie write upon the back thereof and remit the samin againe Rob. 2. 1372. And of his reigne the first Èeire The schireffe suld nocht onlie make the publication of the laws and cause the samin to be keeped and observed Bot also suld concur and assist with uthers to do the samin sik as the justice generale chalmerlane auditours of our Soveraine Lordes Checker The Schireffe at command of the justice generall suld summound certaine persones to burgh and to land to give up dittay to the justice Clearkes The Schireffs office in the justice aire and suld be present in proper person at the justice aire with the verification of the saides summonds He suld susteine and pay the expenses of the justice clearkes in the time of the taking up of the dittay Quhilk suld be allowed to him in his comptes he suld conforme to the justice precept direct to him summond all Bishops Abbotes Erles Barrones Freehalders and al uthers quha aucht presence in the justice aire are
the creditor be payed And gif the debtor denyis the debt the poynd sall not be taken fra him except it be manifest that the debt is auchtand to the creditor because na distres or poynd suld be taken bot for debt confessed or proven li. 4. c. Si quis names 30. And gif the debtor hes na moveable gudes or hes not sameikle within the Schire as is equivalent to the debt recovered against him And gif it happenis that he have some moveable gudes within ane uther Schireffdome The Schireff of the uther Schire within the quhilk the saids movable guds lyis sall cause the same to be poynded comprised the creditor to be payed And failÈieng of moveable guds the schireff sal cause the lands immoveable guds perteining to the debtour to be comprised conforme to the act of Parliament and cause the samin to he sauld and annalied to the availe of the debt and the creditour Ia. 2. p. 5. c. 36. Diverse and sindrie criminal actiones perteinis and belangis to the Schireffe and his jurisdiction quhairofsome ar capitall Criminal causes perteining to the Schireff uthers ar pecuniall as after followis And first generallie the Schireffe may follow and persew al trespassoures in the Kings name and cause his Maires and serjandes arriest them albeit na partie persewer compeir or assist Ia. 1. p. 13. c. 139. Like as the Thesaurar and advocat may persew slauchter and uther crimes albeit the parties keipe silence or uther-waies privatlie agree Ia. 6. p. 11. c. 76. And swa quhen ony complaint is maid be ony person to the justice Generall or to the Schireffe or to ony uther officiar of law within burgh or without the samin The Schireffe or uther judge sall summond baith the parties And gif the deede be done be Chaudmelle the partie sall persew as effeiris of the law Bot gif it be done be fore-thoucht-fellonie the committer thereof salbe accused of the breaking of the Kings peace He sall satisfie the partie and be imprisoned in the kingis prison Because his life and gudes ar in the Kingis will I. 1. p. 3. c 51. And gif ony trespassor be fugitive for ony crime the schireff suld persew and follow him And ilk Gentle-man not followand the schowte or out-horne sal pay xl s. And ilk Èeaman xx s. to the king I. 1. p. 6. c. 9. 8. The Schireffe Crowner or Provest within Burgh suld cause burie him quha is murthered Leg. Mal. Mak. c. 1. Murther Witchcraft The Scheriffe suld punish Witches Sorcerers Necromancers and them quha seekis helpe response or consultation of them unto the death alsweill the abuser as the seeker of the response or consultation Mar. p. 8. c. 78. The Schireffe and uther ordinar judges suld search take and apprehend all them quha not being lauchfullie admitted Messe dois minister the Sacramentes sayis Messe or hearis the samin to be brocht to the King to be punished conforme to the Law Ia. 6. p. 1. c. 5. The Schireffe suld take strait inquisition of them quha strikis false False cuinÈie or forbidden cuinÈie and suld cause them to be broucht to the King to be punished to the death Ia. 3. p. 3. c. 18. The Schireff beand certified of slauchter Slauchter committed within his Schireffedome and royaltie thereof he sall incontinent raise and follow the slayer with sound of horne and convocation of the Kingis lieges And gif he beis apprehended with reid hand justice sall be done within that Sunne And gif he be taken and apprehended without reid hand Hee salbe put in prison and law salbe done upon him within 40. daies And gif he escaipis or flyes furth of the Schireffedome the Schireffe sall certifie the nixt Schireffe thereof quha sall persew and follow the slayer in maner foresaid And consequentlie ilk Schireffe sall certifie uther until the trespassour be put furth of the Realme or els brocht to justice The like certification suld be maid be the Schireffe to the Lord of regalitie quha suld persew the malefactoures as the Schireffe suld do Iam. 1. p. 6. ca. 89. Iam. 3. par 5. c. 35. Iam. 4. par 3. c. 28. Quhen the committer of slauchter cummis to the Girth The Schireffe suld advertise the Maister of the Girthe and cause the slayer bee put to the knawledge of ane Assise quhidder the slauchter committed be him was done upon suddaintie or be fore-thoucht-fellonie And gif it be found suddaintie he salbe restored to the libertie of the Girth and Sanctuarie And gif it be founde fore-thoucht-fellonie he salbe punished to the death Ia. 3. p. 5. c. 35. Ia. 5. p. 4. c. 22. The Schireffe suld not only punish commiters of slauchter as said is Law-borrowes bot also suld after his power stay and stop the committing thereof And therefore quhen ony man her doubt of his life either be ony deede menacing or violent presumption and verifies the samin be his aith or uther probation And for that cause askis law-sovertie to be given to him be the Schireffe that he salbe harmeles and skaithles of him of quhom he dreadis the bodielie harme The schireffe suld grant his petition gif he refusis the same he sal pay 40. pound to the King assyith the partie I. 1. p. 9. c. 129. Ia. 2. p. 6. c. 13. Ia. 2. p. 14. c. 83. And gif the law-borrowes happenis to be broken the paine thereof suld be payed to the Schireffe for the quhilk he salbe comptable in the Checker Ia. 3. p. 1. c. 5. It is leasum to the Schireffe and his deputes Thieft to persew ony persone for theift Albeit na partie concur and informe him there-anent Quoniam attach c. vbi aliquis 25. As likewaies he is judge competent to thieft and slauchter quhen ony person compeiris and insistis with him in the persute Bot gif the saids crimes be followed be way of dittay the justice generall is judge thereto lib. 1. c. 2. And quhen ony thief is condemned before the Schireffe and execute for thieft Al the moveable guds quhilk perteine to him suld justlie perteine to the Schireffe lib. 2. c. Forisfactum 55. de Iudic. c. Praeterea 148. Bot gif ony man findis in ony town his awin silver stollen fra him It is not leasum to him to intromet-there-with Bot he suld put and leave the samin in the keiping and custodie of honest men of the towne and sall declare the samin to the Schireffe quha sall compell the Provest or ruler of the town and three men with him to mak faith that he knawis na-thing of that thieft And thereafter the compleiner proovand the silver to be his awin suld receive the samin to be used be him as his awin proper geare Lib. 4. c. Si quis 21. stat Alex. c. Assisa 20 All thieves suld be punished to the death And it is not leasum to the Schireffe to sell ony thiefe or to fine
duobus 19. And last of all doomes pronunced in the justice Court was falsified in Parliament before the Lordes called Auditores querelarum in this maner conteined in the register 7. October 1476. Datum fuit judicium infra-scriptum per os Alexandri Dempster judiciarij Parliamenti in praesentia Serenissimi Principis Iacobi tertii S. D. N. Regis cum corona in capite suo sceptro in manu sedent in Cathedra Iusticiae Parliamenti sub hac forma The Lords chosen be the three Estaites of this present Parliament upon discussing of the doomes deliveris and declaris that the doome given in the justice aire of Edinburgh the xij of Iulij last by-past be the mouth of Andrew Blackfurd soytour for the Lands of N. for Iohn N. and Ionet N. his spouse and againe called be David Balfoure of Caraldstoun fore-speaker for Archebald N. was evill given and weill againe said For diverse reasones schawen and understand to the saidis Lordes And therefore ilk soytour of the saide doome and their lordes ilk man be him-selfe is in ane ammerciament of the courte of Parliamente sik as effeiris to be taken in the justice aire and in ane unlaw of the said justice aire for them And in ane unlaw of Parliament amangst them all sik as effeiris of Lawe and this I give for doome Swa it is manifest that in all courtes inferiour to the Parliament the soytoures pronunced the doome And gif the doome given be them in ane Barronne courte was falsified in the Schireffe courte All the soytoures payed bot ane unlaw Bot gif the doome given be them in the Schireffe courte was falsified in the justice courte ilk soytour payed ane unlaw of ten poundes of the quhilk diversitie the reason is conteined in Quoniam attach c. quilibet 7. SOKMANRIA Or Socage Is ane kind of halding of Landes quhen ony man is infest freelie without ony service warde relieve or marriage and payis to his Maister sik dewtie as is called petit seriantie Or quhen ane haldis his Landes in name of Burgage or in Libera Eleemosyna de Maritag Cap. 1. Soccomannus is called ane vassall or Freehalder Soccomannus quha haldis his Landes in maner fore-saide or in blench-ferme sive nomine albae firmae Et opponitur militi qui tenet per servitium militare That is be service of warde and relieve Lib. 2. Cap. Si quis plures 30. Cap. Et haeredes 41. And in Magna Carta of England Anno. 51. Henr. 3. cap. 27. Mention is maid of sindrie formes of halding Soccage Viêª Free-ferme burgage soccage and Knicht-service Read the statute maid be Edward the First King of England the xviij Èeire of his reigne Utheris alleagis that Socagium cummis fra Socco sive Aratro affirming that Socage is properlie quhen the tennent is bound and oblished to cum with his pleuch to teill and labour ane part of the Lordis landes Concerning tenures and divers halding of lands reade the treatise written be Littleton STALLANGIATORES A stallo Creamers or Forraine merchandes quha within Burgh in the time of Faire or mercat payis certaine dewtie for their stall or stande in the quhilk place they sell their merchandice For it is ordained that ilk stranger sall either agree with the Provest of the Burgh in the best form as he may or else ilk mercat daye sall paye to him ane halfe-pennie Leg. Burg. cap. Quilibet 39. And in the auld forme of customes It is called the stallange of the mercate And Leg. Burg. Mercenarius 40. It is called Stallum or Botha in Foro. STINGISDINT Leg. Burg. c. Sciendum est 9. Ane dint or straike with ane sting or Batton In Latine Fustigatio STERLINGUS Est genus ponderis ane kinde of weicht conteining threttie twa cornes or graines of Quheate Vt in Assisa Reg. Da. de ponderibus mensuris And in the Cannon law mention is maid of five shillinges sterling and of ane marke sterling c. 3. de Arbitris c. Constituit 12 de procuratoribus And the sterling pennie is swa called because it weyis sa mony graines as I have sindrie times proven be experience And be the Law of England the pennie quhilk is called the sterling round and without clipping weyis threttie twa graines of Quheat without tailles quhairof twentie makis ane ounce and twelve ounces makis ane pund and aucht pound makis ane galloune of wine and aucht gallounes makis ane buschell of London quhilk is the aucht part of ane quarter Anno 17. Edward 2. c. 10. The quhilk cunÈie was meikle used within this realme as is maniefest be auld Charters and evidentes For the sexteenth daye of August Ane charter conteining an reversion and sterling money the Èeire of God 1395. Walterus Senesculli Dominus de Ralston Vicecomes de Perth impignoravit Necnon nomine pignoris dedit concessit Nobili potenti Du. Dom. Roberto Comiti de Fife Menteith totam et integram Baroniam suam de N. próducentis marcis sterlingorum monete Scotiae ipsi pereundem Comitem mutuatis prae manibus plenariè persolutis Tenent habent ipsi Comiti haeredibus suis de Domino Rege c. Quousq dictus Walterus Senescalli aut haeredes sui praefato Domino Comiti vel suis haeredibus ducentas mercas sterlingorum monetae Scotiae vno die inter solis ortum occasum in Ecclesia Parochiali de N. persolverit vel persolverint Et praeterea dictus Valterus omnes firmas reditus coÌ„moditates proficua de dicta Baronia medio tempore provenient dedit concessit prose haeredibus suis praedicto domino Comiti haeredibus suis prosuo consilio bono ipsi impenso impendendo Faciendo inde annuatim praedictus Comes haeredes sui Domino Regi servitia debita consueta The quhilk Charter conteinis the reversion and also ane donation of the profites of the lands quhilkis were wad-set conforme to the practicque used and observed unto the time of King Iames the Third of gude memorie vid. Regres SUBVASSORES Subvaluassores base halders or inferioure halders speciallie they quha haldis their Landes of Knichtes leg Malc Mak c. 4. Quoniam attachiamenta cap. Si aliquis 49. As Reg. David c. Statuit 8. Quhair it is ordained that ilk person quha is accused criminallie sall bee judged be his Peere or Superioure in estate and dignitie T. TAYNT vide Attaynt TENEMENTUM Is commonlie taken for the propertie of onie landes Or immoveable gudes within Burgh or without the samin Lib. 2. cap. Dos duobus 19 capit Fieri autem 67. Liberum tenementum And the superiour sulde not have the Warde of the tenement perteining to his vassal being Minor Nor can crave na service nor relieve fra him being Minor or Major except he first receive his homage Lib. 2. cap. Praedictis 60. In the quhilk signification it is commounlie used in
Last of Rye Rye is some-time auchtene Bolles and sometimes nine-teene bolles in measure Item ten seckes of wooll makis ane Last of wooll Likewaies ten hides makis ane daiker and twentie daiker Daiker makis an last Twelve dowzane of gloves or Ledder poyntes makis ane grosse And ane great grosse conteines twelve single grosse Grosse Ten stane of brasse makis ane Barrell Sex Barrelles of English drinking Beare makis ane Tun. Barrell of Brasse Last of Salmond Twelve Barrelles of Salmonde are bocht be the merchandes for the Last Bot in furing of them over the Sea the skippers countis onely nine barrelles for the Last And likewaies the Sek albeit it be counted in Flanders to twelve Barrelles Èit twelve of their barrelles Flanders Barrell conteinis sexteene commoun Barrelles The Fidder of lead conteinis neere by sexscore and aucht stane Ane schip pound conteinis sexteene stanes and ane halfe Fidder of load Schippe pound of Scottish Trois weicht Sexscore of skinnes is reckoned to the hundreth As likewaies sex-score elnes of woollen claith is counted for ane hundreth Ia. 6. p. 7. c. 108. Quhilk is conforme to the auld use observed in the daies of King David the Seconde as is manifest be the custome compt maid be the Customer of the Burgh of Striviling the Èeir of God ane thousand three hundreth sextie aucht Èeires Weichtes and measures in Orknay THe malt meill beare are delivered in Orknay be wecht in this maner Imprimis 24. marks makis an setting Item 6. settings makis an meall Item 24. meales makis ane Last Item of meille and malt called Coist ane last makis an Scottish chalder Item ane Last and ane halfe of beare conteinis 36. meales 36. meales makis ane chalder Item the butter is delivered in barrelles quhair the quantitie is great bot quhair the quantity is small it is delivered in markes and lesh poundes That is to say xxiiij marks makis ane setting as said is and 6. settings makes ane lesh pound Item ane stane and twa pound Scottish makis ane lesh pound Item 15. lesh poundes makis ane barrel Item 12. barrells makis an Last Item the flesh is delivered be apprising viêª 10. meales makis ane sufficient Cow and an sufficient Oxe Also ane gild Oxe is apprised to 15. meales and ane wedder is four meales Item an Gouse is twa meales Item an Capon is half ane Gouse viêª ane meale SERVICIVM Militare Knichtes service and speciallie concernis warde and relieve Vide Serianteria Vide Hawbert Vide warde SERVIENS Curiae seriandus curiae Leg. Malc Mak. cap. 3. Ane scriand or officiar of Courte the executour of summoundes quha summondis and attachis ony persone to compeare in ane court to answere to ane uther conforme to law and reason Molinaeus in stilo supr cur par 1. c. 20. Quha is called serviens because he suld sweare to serve leallelie and trewlie the King in execution of his office Quon attach c. Nullus 57. SETTER-DAYIS slop stat Alex. cap. haec Assisa 27. Leg. Burg. cap. haec est Assisa 113. Jam. 1. Parlia 1. 26. Maij. cap. 11. Iam. 4. Parlia 2. cap. 15. quhilk statute maid as is alleaged be King Alexander is ascrived to King David be King Iames the Fourth in the place foresaide The Setterdayis slop is ane space of time within the quhilk it is nocht leasum to take Salmonde fish that is fra the time of Even-sang after noone on Setterday untill the rising of the Sunne on Mononday stat 2. Rob. cap. Item ordinatum 12. stat 1. Rob. Br. cap. 8. Leg. Forest cap. Omnes aquae 85. Iter. Camer c. calumniabuntur 16. SIMINELLUS Leg. Burg. c. 122. From the Latine Worde Similia quhilk signifies the beste and smallest parte of the Quheate or flowre quhite bread or maine bread In the quhilk signification in the Dutche toungue it is commounlie called Semmell SOK Lib. 1 c. 3. Ane auld worde used in Chartoures and infestmentes quhilk in sindrie auld buikes conteinand the municipall lawes of this realme is called secta de hominibus suis in curia secundum consuetudinem Regni Swa after my opinion he quha is infest with Sok quhilk now we call Soyt from the French worde Suite h. e. sequela hes power and libertie to hald courtes within his awin Barronie or landes In the quhilks courtes homines sui or his vassalles suld give foyt and send for them ane quha is called Soytor or Sectator a seqùendo Because he suld follow the courte in the quhilk he suld compeare Sectator This office was verie profitable for furthering of justice And first hee quha is oblished to give Soyte in the Courte of his Over-lorde suld do the samin conforme to the tenour of his infestment and na utherwaies Leg. Forest c. nullus 68. ca. Si haereditas 69. And gif he aucht three Soytes be his infestment he sall compeare bot at three head Courtes in the Èeire iij. Soytes without Summondes or warning Mod. ten cur c. 1. c. 31. Na judge aucht of law or of reason to accept ony man in court as Soytour Soytore suld be qualified Bot gif he can make sufficient and lauchfull reporte of processe doomes judgemente and in lauchfull forme give and pronunce doome of Mutes and pleyes in Court followed and defended before him in court Mod ten cur cap. 38. Quon attach c. Nullus sectator 20. And ilk Soytour before he be admitted be the Baillie or judge suld be examined in three courtes gif hee can make recordes of the courts and give sufficientlie ane warde or ane doome of wardes or doomes asked in the court or not And then quhen he is be his fellowes admitted he may may not afterward for weaknesse of knawledge be rejected Quoniam attach nullus 20. Ane Soytour is oblished to make faith that hee sall leallelie and trewlie make recorde of Courte that is of the claime The aith of an Soyture libell and proces and sal pronounce lauchful and trew sentence according to the knawledge given to him be God And sall after his understanding leallelie and trewlie serve induring the time of his office Stat. Gild. c. 50. The court beand fensed The Soytour unlawis the absentis the Serjand thereof sall call the soytes and defalt the absentes that ar nocht lauchfullie essoinÈied And gar ane Soytour of the courte deeme them in ane un-law with the consent of his fellowes and Collieges Mod. ten cur c. 1. Be the auld law of this Realme and actes of Parliament Iam. 4. p. 6. c. 95. Doomes and decreetes given and pronunced be Soytoures in ane inferiour court was falsified and reduced in ane superiour court as the processe of brieves wrangeouslie deduced in barron courte was falsified in ane Schireffe courte and doomes given in the Schireff court Falsing of doomes was falsified in the justice court Lib. 2. c. Dos