Page:The Laws and Acts of Parliament of Scotland.djvu/76

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58
KING JAMES THE THRID

29. Of Obligations, to be followed within fourtie zeir , or else prescrive.

ITEM, As anent Obligations, that sall be followed in time cumming, except them, that ar dependand in the Law, before the making of this act: It is advised, that the partie to quhome the Obligation is maid, that lies interest therein, sall follow the said obligation, within the space of fourty zeires, and take document thereupon. And gif he dois not, it sall be prescrived, and be of nane availe, the said fourty acres beand runnin, and unpersewed be the partie.

30. Officiares within burghs suld nocht be continued: The auld Counsil suld chuse the new.
They twa choofis the officiares.

ITEM, touching the election of Officiares in Burrowes, as Aldermen, Baillies, and uther officiares, because of great contention zeirly for the chusing of the samin, throw multitude and clamour of commones, simple persones: It is thought expedient, that na Officiares nor councel be continued after the Kingis Lawes of burrowes, further then ane zier. And that the chusing of new Officiares, be in this wise: That is to say, the auld councel of the toune sall chuse the new councesin sik number, as accordis to the towne. And the new councel and the auld in the zier foresaid, sall chufs all Officiares perteining to the towne: As Alderman, Baillies, Deane of Gild, and uther officiates. And that ilk Craft sall chuse a person of the samin craft , that sal have voit in the said election of Officiares, for the time , in likewise zeir by zeir. And attour it is thought expedient, that na Captaine, nor Constable of the Kingis Castelles, quhat towne that ever they be in, sall beare office within the said towne, as to be Alderman, Baillie, Deane of Gild, The- saurar, nor nane uther officiar that may be chosen be the toun, fra the time of the nixt chusing foorth.

31. No tares suld be maid be the King, and not be the Emperour.

ITEM, It is thought expedient, that sen our Soveraine Lorde lies full jurisdiction, and free empire with- in his Realme, that his hienenesse may make Notares and Tabelliones, quhais instrumentes sall have full faith in all causes and contractes civil within the Realme: And in time to cum, that na Notar be maid, nor to be maid be the Emperours authoritie, have faith in contrarctes civil within the Realme, lesse then he be exa- mined be the Ordinar, and apprieved be the Kingis hienesse. And that full faith be given to the Papal No- tares in times by-gane and to cum, in all their instrumentes. And als that full faith be given to all instrumentes given of before be the imperial Notares, like as they are of availe. And attour, that the Notares that beis maid Be our Soveraine Lorde, be examined before their Ordinares, Bishopes, and have certification of them, that they are of faith, gud fame, science and lawtie, according for the saide office.

32. That woollen claith be met be the Rig.

ITEM, to efchew deceipt and skaith of our Soveraine Lordis lieges dailie , and at all times fufleined, throw the metting of woollen claith be the felvedge: It is thoucht expedient , that in time cumming , all woollen claith be met be the rig , and not be the felvedge. 33. The indorfation of the Kingis letters fuld be J} amp d. TTEM, As touching the indorfing of the Kingis brieves and letters , that full faith may be given thereto : _£ It is feene expedient in this prefent Parliament, that Schirefres , Baillies , or ony uther officiares, outlier of fee , or in that part , that executs the Kings brieves or letters, fet their feals or fignets to them before witneffe, & procure gif they have nane , till all execution and indorfing of the faide brieves and letters : Swa that faith may be given thereto , and utherwaies their indorfing tiil have na faith. 34. That the extorfiones of the Kingis Lieges be not tane in Faires. ITEM, Becaufe there is abufion foundin in the keiping of Faires , Parliament times, and Generall Coun- celles : That the great Conftables of Caftelles, Schirefles or Baillies of Burrowes , take greate extorfiones of the Kingis pure Lieges, quhilkis they call their fees , that is not audit to them : Like as of ilk laid of flefh, fifh , vicf ualles , meill or malt , or fiklike burdinges , as foules on mennis backs , and uther things borne in mennis handes , to the quhilk they have no reafon : It is feene expedient and ftatute in this preient Parlia- ment , that all fik thinges be fore-borne in the time to cum , and na fik extorfiones to be taken of the Kingis Lieges , under the paine of punching of their perfones , at the Kingis will , and to be put fra the execution of their office for ane zeir. 3 5- . That foynding on Martine-mes and Whit-funday be delayed to the thridday. Faires on Haly-daies ar forbidden. ITEM, Becaufe of keiping of Haly-daies and divine fervice, quhilks ar greatly broken, and namely, in the poynding for mailles and annualles, in-caftingandout-caftingoftennentes, quhilkis caufes greate difiention , and caufes oft times great gaddering and difcord upon wlemne daies of Whii-fiindaie and Mart'me-