ACTA PARLIAMENTORUM REGIS JACOBI PRIMI. APUD PERTH, XXVI DIE MAII, A.D. M,CCCC,XXIV. 1. The freedome of the halie Kirke. IN the First to the honour of God and halie Kirk; It is statute and ordained, that the halie Kirke joyis and bruke, and the Ministers of it, their aulde Privileges and freedomes. And that na man let them to set their landes and teindes, under the paine that may follow, be Spiritual Law, or Temporal.1 and amang 2. Peace suld be keeped within the Realme. ITEM, That firme & sicker peace be keeped and halden throw all the Realme, all and sindrie Lieges and subjects, to our Soveraine Lord the King, and that na man take on hand in time to cum, to moove or make weir against uther, under all paine that may follow be course of commoun law.2 6. Of the Ministers of Law within the Realme, and offices given in heritage. ITEM, It is ordaned that there be maid Officiars and Ministers of Law, throw all the Realme, that can, or may halde the Lawe to the Kingis commounes; and sik as hes sufficientlie of their awin; quhair throw they may be punished gif they trespasse. And gif onie be infeft of sik offices of before, and ar not sufficient to minister therein in proper persone; that utheris be ordaned in their steedes, for the quhilk they that hes sik offices of the King in fee, be halden to answer to him, gif they trespasse.3 12. Of Cruves, Zaires, and Satterdaies slop. ITEM, That all Cruves and zaires set in fresh water, quhair the sea fillis and ebbis, the quhilk destroyis the frie of all fisches, be destroyed and put awaie for ever 'The ancient Scottish Parliaments, both before and after the Reformation, usually began their proceedings with a general act concerning the Church. The present may serve as an example. ? This act was passed at a time when the Scottish barons were in the custom of making war upon each other in the most lawless manner, and to repress the evils thence arising. 'Mr Erskine, in his Institutes, b. i. tit. ii. § 14, refers to this act, along with act 1469, ch. 2, in proof that "a deputy or substitute acts at the peril of the principal judge." The only part of the act last mentioned appearing still in force, is the part thus referred to. It is in these words: "And that ilk judge ordinar, schireffe, or ony. utheris, sall be haldene to answere for their deputes as themselfe," A mair: Not againe standing ony priviledge and freedome given in the contrarie, under the paine of ane hundreth shillinges. And they that hes cruves in fresh waters, that they gar keepe the Lawes, anentes Satterdaies slop; and suffer them not to stande in forbidden time, under the said paine. And that ilk heck of the foresaidis cruves be three inche wide, as the aulde statute requiris. 13. Mines of Gold and silver perteinis to the King. ITEM, Gif onie mine of gold or silver be founden in onie Lordis Landes of the Realme, and it may be prooved that three halfe pennies of silver may be fined out of the pound of leade: THE Lordes of Parliament consentis, that sik mine be the Kingis, as is usuall of uther Realmes.5 25. Of Hostillaries in Burrowes and throuch-fares. ITEM, It is ordained, that in all Burrow Townes of the Realme, and throuchfaires, quhair commoun passages are, that their be ordained Hostillares & receipters, havand stables and chalmers. And that men find with them bread and aile, and all uther fude, alsweill to horse as men, for reasonable price, after the chaipes of the countrie." APUD PERTH, XII DIE MARTII, A.D. M,CCCC,XXIV. 24. Anent complaintes to be decided before the Judge ordinar. ITEM, As anent billes of complaint, quhilkis may not be determined be the Parliament, for diverse causes belanging the commoun profite of the Realme: It is ordained that the Billes of complaint be execute and determined be the judges and Officiares of the Courtes, quhom to they perteine of Law, outher Justice, Chalmerlane, Schireffes, Baillies of Burrowes, Barronnies, or uther Spiritual judges, gif it effeiris to them. To the quhilkis judges all and sindrie, the King sall give strait commandement, alsweill within Regalities, as out-with, under all paine and charge that may follow, that alsweill to pure as to rich, but fraude or guile, they doe full • This act appears, from Mr Thomson's edition of the Scots Acts, to have been declared to endure not for ever mair, as in the text, but for three years. It was continued for three years by 1427, ch. 6, and made perpetual by 1478, ch. 6, which sce. See also Erskine, book ii. tit. vi. § 15; Bell's Dict. and Dig., art "Salmon Fishing;" Bell's Principles, § 1116, et seq., and authorities there referred to. The salmon fisheries in the river Tweed, and in the streams and waters that run into or communicate therewith, are now principally regulated by 11th Geo. IV. ch. 54, and 6th Will. IV. c. 65 (local and personal acts). The fisheries in the arm of the sea between the county of Cumberland and the counties of Dumfries and Wigton, and the stewartry of Kirkcudbright, and the fisheries in the several streams and waters which run into or communicate with the said arm of the sea, are regulated by 44th Geo. III. ch. 45 (a local and personal act); and the other salmon fisheries in Scotland by 9th Geo. IV. ch. 39. This act was modified by 1592, ch. 31, which see; and the two following decisions, viz. Duke of Argyle v. Murray, 7th December 1739, M. 13,526; and the Earl of Hopetoun v. Officers of State, 4th January 1750, M. 13,527. See also Erskine, b. ii. tit. vi. § 16. This act may be considered the foundation of the law under which innkeepers are bound to give accommodation and entertainment on reasonable terms. It was renewed by 1427, c. 3. The same general principle is enforced by 1535, ch. 23. law and Justice. And gif there bee onie pure creature, for faulte of cunning, or expenses, that cannot, nor may not follow his cause, the King for the love of GOD, sall ordaine the judge, before quhom the cause suld be determined, to pur-wey and get a leill and a wise Advocate, to follow sik pure creatures causes: And gif sik causes be obteined, the wranger sal assyith baith the partie skaithed, and the Advocatis coastes and travel. And gif the Judge refusis to do the Law eavenlie, as is before said, the partie compleinand, sall have recourse to the King, quha sall see rigorouslie punished sik Judges, that it sall be exemple till all uthers.7 APUD PERTH, XI DIE MARTII, A.D. M,CCCC,XXV. 3. That all the Kingis Lieges live and be governed be the Lawes of the Realme. ITEM, It is ordained be the King, be consent and deliverance of the three Estaites, that all and sindrie the Kingis Lieges of the Realme live and be governed under the Kingis Lawes & statutes of the Realme allanerlie: and under na particular Laws, nor special Priviledge, nor be na Lawes of uther Countries nor Realmes. 10. Of persones to be chosen to examine the buikis of Law, and reforme them. ITEM, It is statute and ordained, that sex wise men and discreete, of ilk ane of the three Estaites, quhilks knawis the Lawes best, sall be chosen (sen fraude and guile aucht to help na man) that sal see and examine the Buiks of Law, that is to say, Regiam Majestatem, and Quoniam Artachiamenta. And mend the Lawes, that neids mendement.8 16. Ferriers and Boate-men suld have Brigges. ITEM, It is statute and ordained, that all Boate-men and ferryares, quhair Horse are ferryed, sall have for ilke boate a treene-brigge, quhair-with they maie receive within their Boates, travelleres Horse through the Realme, unhurte and unskaithed, under the paine of fourtie shillinges of ilk boate, fra Whit-sundaie foorth nixt to cum.9 APUD PERTH, VI DIE MARTII, A.D. M,CCCC,XXIX. 3. Anent exceptiones and substantial heades of the Briefe. ITEM, It is statute and ordained, that fra thine furth their sall nane exception availe against the Kingis brieves, quhidder they be lang written or schort, swa 7 This act appears to be the original authority for appointing counsel and agents for the poor, and for applications to the Crown against judges for malversation in office. 8 This act is interesting, in respect that it contains a recognition of the Regiam Majestaten. and the Quoniam Attachiamenta as books of law of this realm. See Erskine, b. i. tit. i. $ 36. 9 The provision contained in this act is further enforced by the following statutes, viz. 1467, ch. 3, and 1469, ch. 17, and 1474, ch. 17, which see in Mr Thomson's edition of the Scots Acts, vol. ii. p. 89, 97, and 107. that they halde the forme of the brieve, statute in the Law of before, congruit & not raised, nor blobbed in suspect places, that is to say, in the name and the surname of the follower, & of the defender and the name of the land, or of the cause, upon the quhilk the brieve was purchased, and the dait.10 15. Anent shippes that breakis in this Realme. ITEM, It is statute and ordained, that Schippes that breakis in this Countrie, the Schippe and the gudes sall be escheit to the King, gif they be of thay Countries, the quhilkis usis and keipis the samin law of broken Schippes in their awin lande, and gif they be Shippes of onie land that keipis not that law, they sall have the samin favour here, as they keepe to Schippes of this land broken within them."1 16. That Advocates and Fore-speakeres in temporal Courts sall sweare. Throw the consent of the hail Parliament it is statute and ordained, that Advocates and Fore-speakers in Temporal courtes, and alswa the parties that they pleade for, gif they be present, in all causes that they pleade, in the beginning or he be heard in the cause, he sall sweare, that the cause he trowis is gud and leill, that he sall pleade. And gif the principal partie be absent, the Advocate sall sweare in the saule of him, after as is conteined in thir meters. Illud juretur, quod lis sibi justa videtur. Et si quæretur verum, non inficietur. 20. Of sovertie asked be onie partie of uthers. ITEM, It is statute and ordained, that gif onie of the Kingis lieges hes ony doubt of the life, outher be deed or mannance, or violent presumption, and he ask sovertie of the partie, that the plaint is maid upon, sa that the partie plantife mak pruif of the deed, or mannance, or of the violent presumption maid or done till him be his aith, or uther sufficient pruife, and the Schireffe do not that effeiris till his office in that case, he sall be in fourtie pund to the King, and assyith the partie.13 APUD EDINBURGH, XXII OCTOBRIS, A.D. M,CCCC,XXXVI. 2. That assisors suld sweare. ITEM, It is statute and ordained, that all judges sall garr the assisoures suear in the making of their aith, quhen they, are charged to assises, that they nouther have 10 This act may be held also applicable to summonses, as coming in place of a certain class of brieves, if vitiated in essentialibus. See Taylor . Malcolm, 5th March 1829, 7 S. & D. 547. "See Stair, b. iii. tit. iii. § 27. Erskine, b. ii. tit. i. § 13. Jacobson v. Earl of Crawford, 20th January 1674, M. 16,792. 12 This act may possibly be considered still in force as to the principals in the suit, as modified by A. S. 13th January 1692. See, however, Darling's Forms of Process, p. 242, et seq. With respect to advocates and forespeakers, the act is in desuetude. See Macqueen, 20th December 1674, V. Sup. p. 902. 13 This act appears to be the foundation of the law of lawburrows. tane, nor sall take meede nor buddes of ony partie: And gif onie sick be given, or hecht: or onie prayer maid before the giving out of the declaration and determination of the assisours: the said assisoures sall openly reveal the buddes, gifts or prayers and the quantitie and manner thereof to the judge in plaine Court.14 4. Trespassours may be accused at the Kingis instance allanerly. ITEM, It is ordained, that all Maires and Serjandes arriest at the Schireffis bidding, albeit that na partie follower be, all trespassoures: and that the said Schireffe follow the saids trespassoures in the Kings name, gif na partie follower appearis.15 14 The latter part of this act appears in force. 15 This act may be considered the foundation of the statutory obligation on the public authorities in Scotland to prosecute crimes, whether with or without the concurrence of the private party injured. |