27. The Juſtice Clerk ſuld nocht reyeil the dittay: nor alter the Rolleſ
ITEM, It is ordained, that the Juſtice Clerke reveil na mannis action to na perſon, or tranſiate onie action utherwaies, then, it was given him, bot for the better to die King: or change names ane for ane utlier, or put out onie of the Rolles without commandement of the King, or of the Councell, under the paine of tinfell of his Office, his honour, and his gudes' to be at the Kinges will.
28. Money ſuld nocht be carried away: Falſe Money: Na money ſuld be ſtriken without the Kingis licence.
ITEM, As anentis the money, it is referred to the Actes maid of before, be the foure and twentie perſones choſen thereto, baith for the ſame bringing of the Builzeon be the Merchandes, and of the new ſtraik to be maid, and the courſe thereof be the money that now runnis. And that their be maid at all portes of the Realme ſtrait ſearchers to reſtreine the having out of the money, and richt ſwa upon the Bordowres of the Marches. And that all falſe ſtrikers of gold, ſilver, or of falſe groates, & pennies be ſearched, & written for, & broucht to the King to be puniſhed, as Law will. And that nane tak on hand to ſtryke in time to cum, bot they that lies or ſall have command of the King under his greate ſeale.
29. Anent the Summounding of onie per ſones of contumacie, and paine thereof.
ITEM, It is ordained, that gif onie perfone garris ſummound ane uther before the King and his Councell for onie cauſe, and the partie ſummound be contumax, he ſall be condemned at the firſt daie in the expenſes of the partie followand, and in twentie ſchillinges to the King for his amerciament. And be he abſent and contumax at the ſecond ſummoundes, he ſall be condemned be the Judge in the expenſes of the partie follower, and in fourtie ſchillinges for the Kinges unlaw. And be he contumax at the thrid day, at the quliilk he ſall be ſummound to cum: the quhilk ſummoundes ſall mak intimation, that quhidder he compeir or not, the Judge will proceed as Law will in the cauſe, and then gif he be ſummound thriſe and compeiris not, he ſall be condemned in the parties expenſes, and in foure pundes for his unlaw to the King. And then ſall the Judge proceed in the cauſe and doe Juſtice. And gif the cauſe be on fee and heritage, the partie ſummound, as is foreſaid, ſall be condemned for his contumacie , and the partie follower ſall be put in poſſeſſion of the ſaid fee and heritage, and byde therein, aye and quhill his partie aſſyith fullelie all the expenſes, in the quhilk he was condemned, and to the King all his unlawes: The quhilk done, he ſall be heard in the Principall cauſe mooved againſt him, not againſtanding the decreit of poſſeſſion before given: bot gif he bide ſa lang, that preſcription lauchfullie be runnin. And gif the cauſe be of mooveable gudes, the partie follower ſall be put in poſſeſſion of the other parties gudes, to the quantitie of the thing or the gudes, in the quhilkis the other partie beis judged , to remaine with the partie follower for a zeir and a day, And gif the partie condemned within the zeir and day, cummis and aſſyi this fullelie all the other parties expenſes judged to the partie follower, and all the Kingis unlawes, as is before ſaid, and findis cautione to ſtand and abide the partie at the Law, then ſall he recover againe the poſſeſſion of his gudes, and be heard and have Law in the cauſe principal. And gif the partie condemned have landes or gudes: then ſall his landes and gudes be recognſhed in the Kingis handes. And gif he lies na landes nor gudes, then ſall he be out-lawed and put to the Kingis home. And this ordinance to continue to the nixt Parliament. And that all Lordes havand Regalities, ſall judge all them of their Regalities, after the acte before written. And that ilk ane of the three ſummoundes be of fifteene daies warning at the leaſt. And that the letters of ſummoundes paſſe under the quhite waxe, and the ſummoundes of the Lordes of Regalities, to paſſe under their ſealles, or their ſignettiss.
FINIS
