15. In criminal causes the persewer sall have foure friendes, and the defender sex allanerlie.

ITEM, It is statute and ordained, that gif ony person or persones being called to underlie the Law before the Justice, his deputes, or uther havand power to sit in criminal actiones, compeirand at the day, they ar called, quhat number that ever they bee of, being all called on ane crime: They sall have allanerlie with them at the barre, sex of their maist honest, wise, substantious friendes, able to give Councel with their Advocattes to defend: And the partie persewer of that crime, to have with them foure of their friendes allanerlie: Swa that be multitude of friends cummand to the barre, the getting of ane assise sall not be stopped: And the breakers of this act, to be punished in this maner: That is to say, the Justice, or uther judges foresaidis, to charge the breakers to enter their persones in waird, under the paine of rebellion, and putting of them to the horne, and gif they disobey, to put them to the horne: And gif they obey and enters in warde, there to remaine during the Queenis Grace will.76

16. Anentis nullities.

ITEM, It is statute and ordained, that all nullities be received and have processe, be way of exceptiones or replyis, and all titles, contractes, infeftmentes, or uther thinges quhatsumever, that ar null of the Lawe, to be declared in time cumming null, and of nane availe, be exception or reply in that same instance, they ar produced: Providing alwayes, that the partie against quhom the said exceptiones or reply of nullitie is proponed, have sik-like day to call his warrand before the answering thereto, as he micht or suld have had, in-case he had bene called be way of action, to have heard his title, contract, infeftment, or uther thing produced be him, declared null of the Law.77

18. Notars suld be examined and admitted be the Lordes of Session, and their protocolles suld be marked.

ITEM, The Queenis Grace Dowager, and Regent of this Realme, and the three Estaites of Parliament of the samin, considdering the great and mony falsettes daylie done within this Realme be Notars, and that our Soveraine Lord, King James the Fifth, and in likewise our Soveraine Ladie, in her Parliament, halden at Edinburgh, the first daye of Februar, the zeir of God, ane thousand, five hundreth, fiftie ane zeires, maid actes for ordouring of Notars, and punishment of falsars, quhilkis as zit hes tane na dew and effectual execution: Therefore it is statute and ordained, that all Notars within this Realme, baith Spiritual and Temporal, be caused to cum be their Ordinares, Schireffes, Stewards and Baillies remarks, that "though the reasons of advocation here expressed seem to hold only in actions of removing, because they are annexed to this act, yet they hold generally in all advocations." This part of the act is now superseded by 50th George III. ch. 112, § 36, which specifies the various grounds for advocations of interlocutory sentences of inferior judges. The privilege of declinature belonging to members of the College of Justice is now taken away, first, in cases in the small debt courts, under 6th Geo. IV. ch. 48, and 1st Vict. ch. 41; and, secondly, in removings, brought in the Sheriff Court by summary complaint, under the authority of 1st and 2d Vict. ch. 119. In Mr Thomson's edition of the Scots Acts the word "Sonday" is inserted in place of "Sabboth," and the words "hic messe" for "Preaching or Prayers," as above.

76 This act is ratified by 1584, ch. 17.

77 The old form of calling warrands here referred to is in desuetude. In reference to the subject of this act in other respects, see Darling, vol. ii. p. 366, et seq.

spective, to the Burgh of Edinburgh, there to compeir personnallie before the Lordes of Councel, or that the saidis Lordes direct their letters, requiring and chargeing all Notars within this Realme, to compeir before them, as saide is, bringing with them their creationes and haill protocolles, betuixt this and the Feast of Whitsunday, nixt to cum, at sik dayes as sall be appoynted and assigned be the saidis Lordes, to be examined, and their creationes visied be them, their protocolles produced to be marked be the saidis Lordes, and the leafes numbred, and the blancks marked, and the said protocol buiks not to be seene nor red, bot to be marked, in presence of the said Notar, and delivered againe to him but ony inspection: And as they be foundin qualified and admitted be the saidis Lordes of Councel, to use the office of Notarie thereafter: And that na Notar, be quhat-sum-ever power he be creat, use the office of Notarie within this Realme in time cumming, bot gif he first present himselfe to the saidis Lordes, schawand his creation, and be admitted be them, as qualified thereto: And that na Notars that sall happen to be discharged be the saidis Lordes, or not admitted be them hereafter, use the office of Notarie, under the paine after specified. And attour, it is ordained, that all Notars to bee admitted, as saide is, givand instrumentes, and requirand witnesse thereto, they sall require the saidis witnesse quhair they dwell, or take some uther evident taikin of them, and insert the samin in their saidis instrumentes, that the witnesse may bee knawin, being present at that time. Furder, gif onie Notars beis convict of falsed, and not admitted be the Lordes, in maner foresaid, and use the office of Notarie, they sall be punished as followis: That is to saye, their haill moveable gudes to be escheit, and applyed to our Soveraine Ladies use, and thay to want their richt hande, and to be banished the Realme for ever: And further, they sall be punished to the tinsel of their life inclusive, as the qualitie of the cause requiris, bee sight and discretion of the judge: And the causers of thay falsettes to be done to receive the samin punishment in their persones and gudes. And because in the acte maid be our Soveraine Ladie, in her Parliament foresaid, all Notars were suspended fra the last day of March thereafter, unto the time of their admission, be the Lordes foresaidis, it being considdered, that the said acte tooke not as zit dew execution : Therefore the Queenis Grace Regent, with the advise of the three Estaites, dispensis and supplies ony fault be that part of the said act, in all instrumentes given sensine, and all instrumentes to be given unto the feast of Whitsunday nixt to cum foresaid78.

22. Anent punishment of false witnesse.

ITEM, It is statute and ordained, quhair ony witnesse deponis falselie, or ony manner of personne or personnes inducis them to beare false witnesse, that all sik persones in times cumming, be punished be pearsing of their tounges, and escheiting of all their gudes to our Soveraine Ladies use, and declared never to be able to bruik honour, office, or dignitie fra thine foorth, and furder punishment to bee maid in their persones, at the sight and discretion of the Lordes, according to the litie of the fault.79

qua

78 This act is superseded by 1587, ch. 29, so far as it relates to the admission of notaries. It remains in force as to the necessity of the notary requiring the designations and places of residence of those who attest his instruments. As to the penalties of falset, see Hume, vol. i. p. 159.

79 In reference to this act, see Hume, vol. i. p. 377, et seq. By modern practice the piercing of the tongue is not resorted to as a punishment.

27. Anentis the commoun passage in Burrowes.

ITEM, It is statute and ordained be the Queenis Grace Dowager, and Regent, with the advise of the three Estaites of Parliament, that all commoun Hie-gates, that free Burrowes hes bene in use of preceedant, outher for passage fra their Burgh, or cumming thereto, and in special, all commoun Hie-gates, fra drie Burrowes, to the portes and Havens nixt adjacent, or proceedant to them, be observed and keiped, and that nane make them impediment, or stop there-intil: And gif onie dois, to be called and accused for oppression, and punished therefore, according to the lawes.80

36. Anentis stealing of Halkes, Howndes, Pertrickes, Dukes, and slauchter of Daes, Raes, Hunting of Deare, taking of Cunninges and fowles.

ITEM, It is statute and ordained be the Queenis Grace, with advise of the three Estaites of Parliamente, that the Actes maid bee King James the Thrid and Fifth, anentis the stealing of Halkes, Howndes, Pertrickes, Dukes, and slauchter of Daes, Raes, hunting of Deare, taking of Cunnings & fowls, be of new published, & the same be put to dew execution, & the breakers therof to be punished conforme to the pains conteined there-intil: And this acte to be extended alsweill upon the steallers of Bee-hives, fruit-trees, peillars of barkes of trees within Wooddes, and the fowlers lyand at wait with their nettes, as to the slayers of Daes, and Raes foresaidis: And the samin paines to bee execute upon them with all rigour accordingly,81

APUD EDINBURGH,

XIV DIE DECEMBRIS, A.D. M,D,LVII.

4. Anent the finding of caution in maters of improbation. ITEM, Because oft and diverse times, parties ar differred and post-poned of obteining their intentes and sentences in their just actiones, be opponing of falsettes and improbations, quhair throw processes ar prolonged, to the great hurte of the saidis parties: It is therefore thocht expedient, statute & ordained be the Queenis Grace Dowager, Regent of this Realme, and three Estaites thereof: That in all times cumming, quhat-sumever partie proponis falset, & takis on hand to improove ony Charter, Precept, instrument of saising, contract, obligation, acquittance, testament, or uther writing quhat-sumever, before the Lordes of our Soveraine Ladies Councel and Session, Schireffes, Stewardes, Baillies of Royalties or Regalities, their Deputes, Provestes, Aldermen, Baillies of Burrowes, or ony uther Judge Spiritual or Temporal within this Realme, & failzies in the improbation of the same, the said partie sall be condemned at the giving of the sentence in the principal mater, to paye ane pecunial summe, as paine arbitral, at the sight and discretion of the saidis Lordes, or uthers Judges quhat-sumever: That ane halfe thereof to be applyed & payed to the Queenis Grace, and the uther to the partie adversar. Providing alwaies, that there sall be na terme granted, set nor affixed to the said partie

80 This act was ratified by 1592, ch. 78.

s1 In reference to this act, see Hume, vol. i. p. 82.

takand on hand, and offering to improove, quhill they finde caution then presently acted in judgement, for payment of the said paine, gif the saidis Lordes, Schireffes, or uthers Judges understandis, that the saidis parties may get sik caution, and failzieing thereof, the saidis parties themselves to bee then acted for the samin: Providing alswa, that in all sik maters of improbationes to be proponed or mooved at the Queenis Grace instance, or her Hienesse Advocates, the promoter and instructer of the cause, finde sik caution and be acted, as said is: And this to be extended for finding of sik caution, & acting alsweil at the raising of the summonds or precept, as objection of falsed, and offering to improove at ony part of the processe.82

APUD EDINBURGH,

IV DIE JUNII, A.D. M,D,LXIII.

3. Anent cruves and zaires.

THE Queenis Majestie, and the three Estaites of this present Parliament, ratifies and apprievis the acte maid be her Hienesse maist Noble Gud-schir, King JAMES the Fourth of gude memorie, of the quhilk the tenour followis.

ITEM, It is statute and ordained, that all cruves & fish dammes that ar within Salt waters that ebbis and flowes, be all uterlie destroyed and put downe, alsweil, they that perteinis to our Soverain Lord, as uthers throw all the Realme. And anentis cruves in fresh waters, that they be maid in sik largenesse, and sik dayes keiped, as is conteined in the actes and statutes maid there-upon of before, with this addition following: That is to say, that all cruves and zaires, that ar set of late upon sand, and schauldes, far within the water, quhair they were not of before, that they bee incontinente tane downe and put away, and the remanent cruves that ar set and put upon the water sandes, to stande still quhil the first day of October nixt-to-cum, and incontinent after the said first day, to be destroyed and put away for ever. And for execution of this act, ordainis everie Earle, Lord, Barronne, and everie Gentle-man landed, within his awin boundes, to cause remove, destroy, put downe, and take awaye the saidis cruves and zaires, in maner fore-saide, respectivè, under the paine of ane hundreth poundes to bee taken up of their gudes, that puttis not this act to dewe execution, and the said summe to be in-brocht and applyed to our Soveraine Ladies use, and that everie Schireffe, Stewarde, Baillie, alsweil of Regalitie as Royaltie, their deputes & uthers Judges within their awin Jurisdictiones, take gude attendence and see, that as is conteined in this present acte be done, and put to execution in all poyntes, according to the tenour of the samin And failzieing thereof, that everie Schireffe, Steward, Baillies, alsweil of Regalities, as Royalties, and uther Judges, within their awin Jurisdiction, as saide is, up-take and in-bring the saide paine of ane hundreth poundes of everie Earle, Lorde, Barronne, Gentle-man landed, or uthers negligent in the premisses, and make compt thereof zeirlie in the Checker: And gif the saidis Schireffes, Stew

:

82 This act, as well as a relative act of sederunt dated 11th June 1596, are in force only in those cases where improbation is pleaded by way of exception. By modern practice, the party pleading improbation by way of exception, is ordered by the Judge to consign in the hands of the clerk of Court the sum of L.40 Scots, which he forfeits to his adversary if his allegation shall appear calumnious.

ards, Baillies of Regalities or Royalties, beis foundin negligent in execution of their offices, anent this acte, that the foresaid summe be up-lifted of themselves, & in-brocht to our Soveraine Ladies use, and that but prejudice of the paines to be execute upon the foresaidis Earle, Lorde, Barronne, Gentle-man, or uther contraveners of the foresaide acte: Providing alwayes, that this acte on na-wayes be extended to the cruves and zaires being upon the water of Solway.83

8. Gleibes and manses may not be set in few or lang tackes: The manse perteinis to the Minister.

ITEM, Because it is understandin to our Soveraine Ladie, and the three Estaites of this Realme, that the parsones, Vicars, and uthers Kirk-men within the samin, hes set in few or lang tackes ane great part of their manses and gleibes, quhair-throw there is na sufficient dwelling place for them that servis, and suld serve and minister at the Kirkes, to remaine thereat, for the instruction of the Parochiners: For remeid hereof, it is statute and ordained be our said Soveraine Ladie, with the advise of the Estaites foresaid, that na Parson, Vicar, nor uther Ecclesiastical person, set in few, or lang tackes, onie of their manses or gleibes, perteining to the saidis Kirkes, without special licence and consent of the Queenis Grace in writ. And alswa it is statute and ordained, that they that ar appoynted or to be appoynted to serve & minister at ony Kirk in this realm, have the principal Manse of the Parson or Vicar, or sa-meikle thereof, as sall be fundin sufficient for staiking of them: to the effect that they may the better await upon the charge appointed & to be appoynted unto them, quhidder the saidis gleibes be set in few or tack of before or not: Or that ane reasonable and sufficient house be bigged to them beside the Kirk, be the Parson or Vicar, or uthers havand the saidis Manses in few or lang tackes: And this to be done betuixt and the first day of November, nixt-to-cum. And further, sa-meikle land to be annexed to the saidis dwelling places of them, that servis and Ministeris at the Kirk, as sall be hereafter with gude advisement appoynted.84

10. Anents adulterie.

ITEM, For-sa-meikle as the abhominabil and filthie vice and crime of adulterie, hes bene perniciously and wickedly used within this "Realm in times bygane, be sindrie lieges heirof, havand na regaird to the commandementes of God, bot to their awin sensualitie and filthie lustes & pleasour theirof. And for eschewing of the samin in times cumming: It is statute and ordained be the Queenis Majestie, and three Estaites in Parliament, that all notour and manifest committers of adulterie in onie time to cum, after the dait hereof, sall be punished with all rigour unto the death, alsweil the woman as the man, doer and committer of the samin, after that dew monition be maid to absteine fra the said manifest & notour cryme, And for uther adulterie, that the Actes and Lawes maid their-upon of before, be put to execution with all rigour. And als declaris, that this act on na wise sall

83 In reference to this act, which ratifies 1488, ch. 16, see Little v Grierson, 7th December 1824, 2 S. & D., and Oswald v. Macwhir, 13th April 1835, 1 Shaw and Maclean, p. 393. See also latter part of note annexed to act 12th of Parliament, 26th May 1424.

84 This is the first act respecting manses and glebes after the abolition of Popery in Scotland. It is explained and ratified by 1572, ch. 5, and subsequent statutes. See Dunlop on Parochial Law, p. 83, et seq.