The decisions of the Lords of council & session in the most important cases debate before them with the acts of sederunt as also, an alphabetical compend of the decisions : with an index of the acts of sederunt, and the pursuers and defenders names, from June 1661 to July 1681 / Sir James Dalrymple ...

THE ACTS OF SEDERUNT, OF THE LORDS of SESSION.

Beginning the 5th Iune 1661, and ending in February 1681.

ACT for Vniformity of Habit by the ordinary Lords. Iune 5th. 1661.

THE Lords did find, that the whole fifteen ordinary Lords of Session, of whatsoever Place, Dignity, or Title they be, should carry and use the ordinary Habit and Robes of the ordinary Lords of Session in all time coming.

ACT for continuing Summonds, and writing in Latine as formerly. Iune 6. 1661.

THE Lords taking to their serious consideration, of how dangerous consequence the alteration of Formes and Customes is; They have therfore ordained, and hereby ordain all Summonds which formerly abode Continuation, and shall be insisted in before them to be continued in time coming, and an Act to be made thereanent, and Letters to be direct

thereon, as was in use to be done before the Year 1651, not exceeding the Rates and Prices formerly exacted. And also, considering that during the Power of the late Usurpers, the use and custome of writing in Latine was then discharged, by the pretended Commissioners for Administration of Justice: Therefore the saids Lords ordain all Charters, Seasings, and other Writes of that nature, alswell such as pass the Seals, as other ways, which were in use to be formed and written in Latine, to be continued in the same Language as formerly, before the Year 1652. And to the effect none may pretend Ignorance hereof, ordains these Presents to be published at the Mercat Cross of Edinburgh, after sound of Trumpet by a Macer.

ACT anent Warnings. Iune 11th. 1661.

THE saids Lords ordain, That all wakenings of Processes lying un∣discust, be execute upon 24 hours, against all such Persons as are for the time within Edinburgh, or Leith, and upon 6 dayes against all other Parties within this Kingdom; and upon fifteen dayes against all such Persons as are out of the Kingdom.

ACT for retaining the Principal Writes presented to the Register, and giving forth only Extracts thereof.

THE which Day, the Lords of Council and Session taking into their consideration, That the custom of the Clerks in the Usurpers time of giving back to the Parties the Principal Bonds, Contracts, and other Writes, given in to be registrat, did tend to the hazard and preju∣dice of the Leidges, and was contrary to the practise formerly observed. They do therefore ordain, that the Clerks of Session, and all Clerks of Inferiour Courts and Judicatories, shall henceforth keep and retain the Principal Writes (for which they shall be answerable and give forth only Ex∣tracts thereof as formerly, before the Year 1651.) and ordains these Presents to be published at the Mercat Cross of Edinburgh. Likeas, the saids Lords require the Clerks of the Session to be careful in preserving and keeping all Principal Bonds, Contracts, and other Writes to be given in to them to be registrat, and that they be countable for them and for their Servants, so long as they shall give them trust thereof. And that once in the two years they deliver them to be keeped by the Clerk of Register, with the Publick Re∣cords of the Kingdom.

ACT for Protestation Money. Iuly 4. 1661.

THE said day the Lords taking to their Consideration, the Litigious∣ness, and Malitiousness of some Suspenders, who upon frivolous and unjust Reasons and Grounds, purchase Letters of Suspension and Advocation, and will not at the Day of Compearance, nor on any other of the Days appointed for Production of the saids Principal Letters of Sus∣pension and Advocation, produce the respective Letters aforesaid, but keep the famine up, of purpose to trouble, vex, and put to farther Charges and Expenses, the Chargers and Parties Persuers in the Principal Cause Advo∣cated

to the saids Lords. Therefore, the saids Lords ordain the several Sums of Money following to be payed by the saids Suspenders, and Purchas∣ers of the saids Letters of Advocation, to the Chargers and Parties Pursuers in the Principal Cause Advocated to the saids Lords; And that upon their purchasing of Protestation, or Act of Remit against the said Suspenders, and purchasers of the saids Letters of Advocation; viz. If the sum charg∣ed for be an hundred merks, or within the same, the sum of 8. lib. Scots; and if the sum be above 100. merks, or not a liquid sum, the sum of ten pounds money foresaid. And for every Remit the sum of 15. lib. Scots, and ordains an Act to be extended hereupon in manner foresaid.

ACT for granting Commissions to Debitors, who are sick or out of the Countrey on the Act Debitor and Creditor. Iuly 31. 1661.

THE Lords of Session considering, that in prosecution of the Act of Parliament of the 12. of Iuly last, anent Creditor and Debitor; such Debitors as are far off the Countrey, or are, or shall be dis∣abled by Sicknesse to come here, to take the benifite of the Act, will be thereby prejudged of the benefit thereof, if some course be not taken to prevent the same. They do therefore impower the Lord Presi∣dent, or the Lord Register, or any two of the Lords of Session, upon Petitions, and sufficient Attestations of the Sicknesse of any Debitor, or of their being forth of the Countrey, to give Commission during this ensuing Vacation, to such Persons in the Countrey, as they shall think fit to re∣ceive the Oath and Declaration of the Debitors, conform to the said Act, and to report the same betwixt and the day of November next to come, to the Clerk of Register, or his Deputs (Clerk to the Bills) to be Recorded with others of that nature.

ACT discharging Lessons the last moneth of the Session. November 28. 1661.

THE same day the Lords considering, that in the end of the Ses∣sion, the giving way to Young-gentlemen to give proof of their Literature, by making publick Lessons, is greatly prejudicial to the Leidges: that time which is appointed for hearing and discus∣sing of Interloquitors being taken up with the saids Lessons. Therefore the Lords renews a former Act made to the effect after-specified, in Anno 1650. And of new ordains in all time coming, That any who are to make their Lessons, shall come and make them at such times of the Session, as the hearing of them be not prejudicial to the administration of Justice, and that none shall be heard to make such Lessons any time the last moneth of of the Session.

ACT anent Executors Creditors. February 28. 1662.

THE which day, the Lords of Councill and Session considering the great confusions that arises amongst the Executors of Defunct Persons, and prejudices sustained by many of them, in prosecution of their respective diligences, against the Executors of Defunct Persons,

and otherways, by obtaining the saids Creditors to be themselves decerned Executors Creditors to the Defunct, in prejudice of other Creditors, who either dwelling at a far distance, or being out of the Countrey, or other∣ways not knowing of the death of their Debitors, are postponed; and o∣thers using sudden diligence are preferred. In respect whereof, and for a remeid in time coming, The saids Lords declare, and ordain, that all Creditors of Defunct Persons using Legal diligence at any time within half a year of the defuncts death, by citation of the Executors Creditors, or in∣trometters with the Defuncts Goods, or by obtaining themselves decerned, and confirmed Executors Creditors, or by citing of any other Executors confirmed: the saids Executors using any such diligence before the expiring of half a year as said is, shall come in pari passu with any other Creditors, who have used more timely diligence, by obtaining themselves decerned, and confirmed Executors Creditors, or otherwise. It is always declared, That the Creditor using posterior diligence, shall bear a proportional part of the charges wared out by the Executor Creditor first decerned, and con∣firmed, before he have any benefit of the Inventarie confirmed; and that it shall be lawful to the saids Creditor to obtain himself joyned to the said Executor: and ordains these presents to be insert in the Books of Sederunt, and to be Proclaimed at the the Mercat Crosse of Edinburgh.

ACT anent granting of Bonds be appearand Heirs; whereupon Apprysings, or Adjudications may follow, in prejudice of the Defuncts Creditors.

THE said day the Lords of Council and Session taking to their con∣sideration, the manyfest Frauds and Prejudices done by appearand Heirs, to the Creditors of their deceast Fathers, or other Prede∣cessors, in their just and lawful debts: Therefore, and for prevent∣ing any such fraud for the future, the saids Lords declare, That if any ap∣pearand Heir shall grant Bonds, whereupon Adjudications, or Apprysings shall be deduced to their own behove; or that the saids Apprysings, or Adjudications shall return before, or after the expyring of the Legal Re∣version, in the Persons of the saids appearand Heirs, or any to their be∣hoves. In either of these cases, the saids Apprysings or Adjudications shal no ways defend them against their Predecessors Creditors; but that they shall be lyable, as behaving themselves as Heirs to their predecessors by in∣tromission with the Rents of their Estates, so Adjudged, and Apprysed; nor shall it be lawful to them to renunce to be Heirs, after such intromis∣sion: and ordains an Act to be made thereupon, and to be registrate in the Books of Sedernut, and to be published at the Mercat Cross of Edin∣burgh,

ACT anent Advocats Expectants.

THE said day the Lords of Council and Session understanding, that the greatest number of the Advocats, and Expectants, admitted since the first of Ianuary, 1648. years. Are deficient, in paying of Dues to the keepers of the Box for the Advocats: to wit, twenty merks for every Advocate, and ten merks Scots, for every Expectant; to the prejudice of the Box appointed for the poor, and others their publick affairs. Therefore the said Lords ordain all Advocats and Expectants, ad∣mitted since Ianuary, 1648. who are deficient, in payment of the saids dues:

and all others who shall be admitted, and receive the said respective privi∣ledges in time coming, to pay the saids dues, to the keeper of the Box for the time. And ordains Letters of Horning, and Poynding, upon sex days, to be direct against the deficients; upon a subscribed Roll by the Thesaurer: and ordains no suspension to passe but upon consignation.

ACT discharging confusion the last day of the Session. February 21. 1663.

THE Lords of Council and Session considering, how necessary it is for the advancement, and honour of His Majesties service, that the Judicatories intrusted in him in the principal administration of Justice to His People, be attended in all their meetings, with due Decencie, and Respect from all His good Subjects. And that the rude, disorderly, and barbarous carriage of some Servants attending the Colledge of Justice, and others joyning with them upon the last day of the Session, is dishonour∣able to the Authority of the Court, unsuitable to the gravity becoming the Persons relating thereto, and un-beseeming the civility fit for such a place: have therefore thought fit to discharge, and hereby discharges all Ser∣vants of any Advocats, Clerks, Writers, or other members of the Colledge of Justice; and all other Persons whatsoever: That none presume upon the last day of the Session, to throw, or cast any pocks, dust, sand, or stones, or to make any disorder, or to use any rude, or uncivil carriage within the Session House, or in the Parliament Closs. Certifying all such, who being Servants to any Members, or relating to the House, shall in any degree offend herein; they shall suffer three moneths imprisonment, and for ever thereafter be debarred the House, and service thereof. And if they shall happen to escape the time of the committing the offence: That their Masters shall be oblidged to enter them in prison in the Tolbooth of Edinburgh, within eight days thereafter, under the pain of two hundred merks Scots: and ceritfying all such Persons, who not relating to the House as said is; shall offer to offend in manner foresaid: They shall be apprehended, and committed to waird, for the space of three moneths; and thereafter banished the Town. And that none pretend ignorance, ordains these presents to be printed, and affixed upon the most patent doors of the Session House; and to be insert in the Books of Sederunt: therein to remain ad futuram rei memoriam.

ACT in favours of the keeper of the Minut Book. Iune 6. 1663.

THE which day, the Lords taking to their consideration an over∣ture formerly presented to them, be the Advocats, in favours of Iohn Scot keeper of the Minut Book: shewing that the allowance ap∣pointed to him for inrolling of Causes; by the Act of Sederunt, dated the 28. of February 1662. is very inconsiderable (being only two shilling scots for every Process) and no ways answerable to his pains, and at∣tendance thereupon: In respect whereof, and for the said Iohn Scot his further incouragement to continue that faithfulnesse, and integrity, where∣of he hath hitherto given proof, in discharging the said trust. The Lords ordain, in time coming the Parties at whose desires any Process shall be inrolled, or his Agent, to pay to the said Iohn Scot, for every Cause that shall be inrolled be him four shilling Scots money allanerly. And ordains

these presents to be publickly intimate, and an Act to be extended there∣upon.

ACT concerning the buying of the Citiedeal. September 8. 1663.

THE Lord President having produced before the Lords, a propositi∣on made by the Town Council of Edinburgh, and subscribed by Sir Andrew Ramsay Provost of the said Burgh, bearing as follows, viz. The Lord Provost having reported to the Committee, That the Citie∣deal of Leith being of late erected in a Burgh of Regality, which without doubt may in time prove prejudicial to this City, for many undenyable reasons. And that the Honourable Lord the Earl of Lauderdail, to whom His Majesty hath granted the Right of the said Citiedeal, had done the ho∣nour and favour to the Council of Edinburgh, as to make them an offer thereof, upon reasonable terms: And that they are come that length in their Treaty; as that it may be had for 6000 lib. Sterling payable in four years; which the Magistrats are not at all in capacity to raise, or make pay∣ment of, without the two third parts thereof be raised out of the Cham∣ber of Imposition; which the Council thought not fit to do without the consent of the Grand Committee of the said Imposition. And therefore desired the advice of the Lord President; and all others the Members of the Committee. To which report, and proposition the said Lord Pre∣sident, Sir Iohn Nisbet, Mr. Iohn Ellies, and Robert Hay made answer: That they found His Majestie's gift so strick, as they could not of them∣selves, without consent of the whole Colledge of Justice give consent; That any of the said moyeties should be imployed otherwise, then to the pay∣ment of debts contracted before September, 1650. Therefore the Committee thought expedient, That the President Sir Iohn Nisbet, Mr. Iohn Ellies, and Robert Hay might advise concerning that scruple, and with all con∣veniency report, that so necessary a bargain might be brought to some con∣clusion: The saids Lords having considered the above-written proposition in one voice do consent, and give advice, that the two third parts of the pryce of the Citie-deal be raised forth of the Chamber of Imposition.

The Seall of Court. November 26. 1663.

MR. Alexander Gibson produced in presence of the Lords their common Seal, wherewith Commissions, and other Papers, which went out of the Countrey, use to be Sealled; which Seal the Lords ordain to be made use of in time coming. And ordained the said Mr. Alexander to make the same forth-coming to the saids Lords, when ever it should be required: And ordains him to give the use of the said Seal to the re∣manent Clerks, when they have to do therewith.

ACT against general Letters. Iune 8. 1665.

THE Lords considering the manyfold inconveniences arising of late from the frequent use of directing General Letters, and Charges Summarly; and that the same is contrary to the ancient custom, whereby they were only raised upon Decreets conform: Therefore the Lords do hereby revive and renew that ancient custom: And Enact, and

ordain, that in time coming, no Charges, nor Letters of Horning shall be direct Generally, against all and sundrie; except allanerly upon Decreets conform; purchast, and obtained be the Parties raisers of the saids Letters. And prohibit and discharge the Writers to the Signet, and the Clerks to the Bills to writ, present, or passe any Bills for General Letters, and the keeper of the signet to affix the signet to any such General Letters; unless the same be direct upon Decreets, conform as said is. Likeas the Lords declare any such General Letters that shall be raised in time coming, where Decreets conform have not proceeded, with all execution following thereupon, to be void, and null, and have no affect; But prejudice always of any General Letters, or Charges raised, or to be raised at the instance of His Majesty's Thesaurer, Thesaurer Depute, or others impowered for His Majesti's Rents, Customs, Casualities, or other dues belonging to the KING'S Majesty, according as they have been in use to do. And also ex∣cepting any General Letters raised, or to be raised at the instance of the Lords of Session, for the contribution money, payable to them, And such other General Letters as are expresly warranted be the Acts of Parliament. And ordains an Act to be extracted hereupon, and insert in the Books of Sederunt.

ACT for keeping the Barrs. Iune 22. 1665.

THE Lords considering, what great confusion, and disorder, is oc∣casioned by the thronging of people, of all sorts within the Barrs, of the Inner, and utter House, in the morning, before the Lords sit down, and at twelve a clocke in the forenoon, and the prejudice arising there through; by the miscarrying of Processes. For remeid whereof, the Lords do hereby discharge the Macers in time coming; to give access to whatsomever Persons of whatsoever quality, within the Barr of the Inner-house, after any of the saids Lords have entred the House; in the morn∣ing, or after twelve a clock: till the Lords be all risen off the Bench, and be removed out of the House. And sicklike, that they permit no person whatsoever, to stay within the Innermost-barr, of the Utter-house, where the ordinary Lord, and Clerks do abide, neither before the ordinary Lord come out after that the Clerks and their Servants have begun to call, nor during the time that the ordinary Lord is upon the Bench, neither after, untill the reading of the Minut Book be ended: except the persons follow∣ing, viz. The keeper of the Minut Book, the King's Solliciter, and one Servant appointed by His Majestie's Advocat: And that person appointed for reading the Minut Book, during the time of the reading of the Minut Book and no longer. And the Macers are hereby authorized to carrie im∣mediately to prison any person that shal be found within any of the saids Barrs, during the time foresaid•• Certifying the saids Macers, that if any of them shal be found negligent in performance of their dutie in the premisses, They shall forthwith be removed from their Office. And ordains an Act to be extended hereupon.

ACT anent Pro-tutors. Iune 10. 1665.

FOrasmuch, as in the Action of compt and reckoning depending at the in∣stance of Robert and Bessie Swintouns, against Iames Notman, at length heard before the Lords of Council and Session; It being questioned, and debated, how far a Pro-tutor is lyable by the Law, and Practice of this

Kingdom; whether for ommission, as well as for commission, and intro∣mission: And the saids Lords considering, That albeit Pro-tutors be excus∣able, as to their bygon intromissions; In regard it was not constant hitherto, how far they could be lyable: yet finding it expedient, that the foresaid question should be determined as to the future; and the Leiges no longer left in uncertainty thereanent. Therefore the Lords declare, that whatsoever person, or persons shall in time coming intromet with the means and estate of any Minor, and shall act in his affairs, as Pro-tutors, having no right of Tu∣tory, nor Curatorie, established in their Persons. They shall be lyable as∣well for what they might have intrometted with, if they had been Tutors, and Curators; as for what they shall intromet with de facto; Sicklike, and in the same manner as Tutors, and Curators, are lyable by the Law and Practice of this Kingdom. And the Lords declare, that they will observe this as an inviolable practice in time coming. And ordain these presents to be published, at the Mercat Cross of Edinburgh, and an Act to be extend∣ed thereupon, and insert in the Books of Sederunt.

ACT ordering no sight of Processes in the Summer Session which were seen in the Winter before. November 8. 1665.

THE Lords considering, That through the shortness of the Summer Ses∣sion, unnecessary giving out, and malicious detaining of Processes, which have been seen the Winter Session immediately preceeding: The Leiges are oftimes frustrate of Justice during that Session, after much charges, expenses, time, vexation, and trouble. And having it always in their thought how Justice may be speedily administrat, with the greatest ease, and least expenses to the Subjects. Do declare, that in the future they will not allow Defenders, and their Procurators to see Processes in communi forma, dur∣ing the Summer Session: where the same has been seen, and returned by them the Winter Session, immediately preceeding: and that they will proceed to do Justice therein without indulging to defenders any such sight, during the Summer Sessions, in the future, where there hath been no material amend∣ments, made be the Pursuers, of their Summonds nor new pieces produced in the Process; to be instructions and grounds thereof: and which were not seen the Winter Session immediately preceeding. And ordains these presents to be insert in the Books of Sederunt.

His Majesties Instructions to the Commissars. February 20. 1666.

THE Lord President having received the Instructions following from Iohn Earl of Rothes His Majesties High Commissioner, did com∣municat the same to the hail Lords: and that it was His Graces pleasure, and desire, that the same might be recorded in the Books of Sederunt. The Lords of Council, and Session, ordained the saids Injunctions to be insert, and recorded in the saids Books of Sederunt: under Protestation al∣ways, that the recording of there saids Injunctions should be no ways prejudi∣cial to the priviledge of the Lords of Session, or derogat in any sort from their Iurisdiction in civil causes. And ordained the said Injuctions after recording thereof; to be given up, and delivered, to the Archbishop of St. Andrews his Grace, or to any having his warrand to receive the same. And that the Extracts of the saids Injunctions be given to all Persons who shal con∣ceive themselves concerned therein, whereof the tenor follows.

Sic Supra Scribitur CHARLES R.

HIS Majesty Authorizes and injoyns, these following Instructions, con∣tained in five Leaves, Attested, and Subscribed by two of the late Com∣missars of Edinburgh, for regulating the Proceedings, of the Commis∣sars in their respective Courts. Oxford, January 21. 1666. and of His Reign, the seventeenth year. By his Majesties Command,

Sic Subscribitur, LAVDERDAIL.

INstructions and Rules set down, and appointed, by the Reverend Fa∣thers, Arch-bishops, and Bishops, in this Kingdom, to the Commissars, Clerks, Procurator-fiscals, and other Members of Court, of the Whole Ec∣clesiastical Jurisdiction; having Commission from the saids Reverend Fa∣thers.

1. Ye are by vertue of your Commission, to decide, and judge, in Causes concerning Benefices, and Teinds, in matters of Scandal, Confirmations of Testaments, great, and small, within your bounds, all Causes Testamentar, and in all other matters, wherein the Oath of Party is required; if the same does not exceed fourty pounds. And in all other Causes wherein the Par∣ties submit themselves to your Jurisdictions.

2. Ye are to Judge, in Reductions, and Declarators, of Nullity of Mar∣riage, for Impotency, or upon any other ground, or reason whatsomever. All actions of Divorcement for Adultery, or upon any other ground. All Actions, or Questions, of Bastardry, and adherences, when the samine shall have a connexion with the Lawfulness of Marriage, or Adultery; all which are reserved to the Commissars of Edinburgh, and do belong to their Juris∣diction, privative. But when the adherence is pursued, upon the account of malicious desertion only; and where there is no question of the Nulli∣ty and lawfulness of the Marriage: the inferiour Commissars may de∣cide in the samine.

3. You are to proceed, in rebus levibus, not exceeding fourty pounds up∣on the Pursuers Claim, without necessity of a libelled Summons: the Defen∣der being alwayes cited at several times, by two distinct Warrands, and Sum∣mons, to that purpose. And the case foresaid, where the subj••ct is Leve, not exceeding the said sum; you are to proceed in manner foresaid: whether the Defender be pursued upon his own Deed, or representing any other Person, his predecessors; in rebus levibus; and in Cases of the nature fore∣said, If the Claim be referred to the Defenders Oath; and the Defender appear, and be content to depone presently; you are to take his declaration upon the same. And if the Defender desire to see, and be advised with the Claim: ye shall give him a short time to that purpose. If the Claim be refer∣red to the Defenders Oath; and he appear not himself: he is to be warned again pro tertio, and cited personally to give his Oath, with certification, he shall be holden as confest. In such cases of small moment, if the Claim be not referred to the Parties Oath, nor verified in••ranter; and the Defender appear, you are to give, a short time to him, if he be conveened, upon his own Deed; to see the Claim, and answer verbo. And if he be conveen∣ed as representing any other person, as Executor, or Intrometter; or other∣ways;

you shall assign a time to the Defender to qualifie, and give in his Defenses in Writ.

4. In Causes of greater moment exceeding fourty pounds, and in Ar∣duis, wherein there may be difficulty, you are to proceed upon a Libelled Summons; in the same manner as is prescribed in the Cases above-mentioned, except only, that at your discretion, you may assign, a longer time to the Defender to give his Oath; if the Libel be referred thereto: and to answer verbo•• or to qualifie, and give in his Defenses in writ: when the Libel is to be proven otherwise, and the Defender is conveened, either as representing another person, or difficulty, or importance of the case doth require; that the Dispute shall be in Writ.

5. You shall be careful that your Clerks shall have and keep on Book for all the ordinary Dyets, and Acts; and also another Book fo•• Acts of Litiscon∣testation, either made in absence, or parte comparente, wherein it shall be set down, as shortly as can be, the substance of the Libels and Alleadgences, In∣terlocutors, and Litiscontestations thereupon; which Record shall be suffici∣ent without necessity, either for extracting the same, or of Registration, or extracting an Act of Litiscontestation ad longum, except either of the Parties shall desire an Act to be extracted ad longum; upon the Parties Charges, who shall desire the same.

6. Your Clerk shall keep a Register of Decreets of whatsoever nature: but so that in cases of small moment, within fourty pounds; the said Decreet shall be recorded as shortly as can be.

7. If in any Process whatsomever, the time of Litiscontestation, or after the Interlocutor is pronounced: and when either a Term is assigned for prov∣ing the Libel, or any alleadgance; or the Judge having pronounced In∣terlocutor verbo; or a Signature, being made in Writ; is about to assign a Term, the Defender shall pass from his compearance: or any time thereafter post Litiscontestationem. Nevertheless, Litiscontestation in all such Processes, shall be holden and esteemed, to be made parte comparente. And in like man∣ner, if the Defender, at Sentence, shall pass from his compearance; the Sentence, nevertheless, shall be given out against the saids Defenders; as compearing.

8. Ye shall be careful, that your Summons be execute, alwayes by a suf∣ficient man; before two Witnesses at least. And that the same being return∣ed, and indorsed, be keeped by the Clerk; in case the execution be que∣stioned: and that ye are not to stay the proceeding of the principal Cause, upon offer of Improbation, of the execution: and if any execution shall be found false, and Improven; and if it shall be found, that any of your Advocats, Procurators, or their Servants, or Agents, or other Persons, having interest in your Courts; have written, or caused write the saids executions, or has used, the same, and knowing them, to be false; or are otherwayes ac∣cessory to the said folshood: they shall be declared uncapable of any Of∣fice, Trust, Interest, or Practice within the said Court: without preju∣dice of such further Censure, and punishment as may be inflicted, for the Crime of falshood; and upon the contriver, or user, or false Writs.

9. Ye shall direct Precepts for Summoning of Witnesses, to compear before you, to be Witnesses in Causes: under such pecunial pains as ye shall think expedient, according to the value of the Causes, and quality of the Person, that bees Summoned. And if the Witnesses contemptuously disobey, the fines, and mulcts, to be uplifted by your Officers: and they to have power to poind for the samine. And the pains shall be applyed; the one half, for your own use: and the other half to the poor. And if the Wit∣nesses compear not for the first Summons: the Party to have Summons, against the Witnesses not compearing, under greater pecunial pains; to be applyed at your discretion: or to raise Letters upon deliverance of the Lords of Session, for compelling them to compear, under the pain of Horning: as you shall think expedient. At the examination of Witnesses, your selves shall not fail to be present: excluding all others.

10. You shall suffer none of the Advocats, in their procuring, to use fri∣volous Alleadgances and if they do, sharply to reprove them therefore: and, in case of not amending, for reproof, to proceed to pecunial pains: and if they persist, to deprive them.

11. In the advising of Processes, ye are not the use the advice of any Procurator, or Advocat, or consult with them thereanent; neither admit of them, to be present at the advising of the same.

12. Ye shall tax the expenses of all pleas, of Causes, where Sentence is ob∣tained, before you, and that right highly. And shall insert the same, in the principal Decreet, or Sentence. And the Precept, to be directed out for executing of the Sentence, shall contain Poinding, as well for the saids ex∣penses, as for the principal.

13. Ye may direct your Precepts, to Officers of your Commissariot, or Officers of Arms, or to the Officers of Provost, Bailzies of Burghs; at the desire and option of the Party. If any Person shall deforce your Officers, in execution of your Precepts: ye may be Judges, to all such Deforce∣ments: and inflict the like pains, as by the Law may be inflicted, for de∣forcing of Officers, of Arms, excepting only the loss of Deforcers, their Es∣cheat. Without prejudice to the Person concerned, to pursue for the same, up∣on the Deforcement of your Officers, before the competent Judge.

14. If any temporal Judge within this Realm will proceed, in Causes be∣longing to your Jurisdiction: you shall direct Precepts for Inhibiting them, from all further proceeding thereuntil.

15. Ye shall give forth Inhibition upon Teinds, great and small, as you are desired upon sight of the Parties Title, allanerly.

16. If Summons of Reduction, be Libelled against any of your Decreets, be∣fore the Commissars of Edinburgh: ye may cause, notwithstanding, put your Sentence to execution. And if the same be not pursued, within year, and day, the Party being of perfect age, and within this Realm: your De∣creet stands unreduced.

17. You, and your Clerk, shall reside in the place of your Commissari∣ots, under the pain of deprivation; except by the Arch-bishop or Bishops, Consent and License, upon grave occasion, you obtain liberty, to do other∣wayes

18. You shall make two Registers, of the Testaments, to be confirmed by you. The one to be keeped by you; and the other to be delivered, to to the Arch-bishop, or Bishop, yearly.

19. Your Clerk, the time of making the Accompts, two times in the year, viz. the first day of May, and first of November; shall make Faith to the re∣spective Arch-bishops, Bishops, or any having their Order: That there is no more Testaments Confirmed then these, which are Booked, in the Books, then to be produced.

20. You shal give forth no Precepts, in matters above fourty pounds; untill the Decreet be first extracted.

21. In case any of you shall happen to fall sick, and not be able to wait upon your Office, or give attendance: or if it shall happen any such De∣clinator, or exception, (being of Verity) to be proponed against you, as might set, or decline, Sheriffs or any other Judge: In that case, you shall shew the Arch-bishop, or Bishop the samine; who then shall deput ano∣ther, who shall be most fit, and apt, to sit, cognosce, and decide, in the Causes aforesaid.

22. Ye shall find Caution to compear, before the Arch-bishop, and Bishop, twice every year, viz. The first day of May, and November, and give just count of your intromission with the Quote: where the Arch-bishop, or Bi∣shop, has not a Quot-master appointed by themselves. And also for payment of your Contribution Silver, to the Commissars of Edinburgh: and that under the pain of five hundred pounds, toties, quoties.

23. If any of you or your Clerks, Confirm any Testaments, and make no accompt thereof, to your Arch-bishop, or Bishop, the saids dayes: the sa∣mine being sufficiently verified; your Office, shall thereby ipso facto, Vaick.

24. It shall not be leisome for you, to admit any procurator, without License of your Arch-bishop, or Bishop, respective. But you may create, Com∣missar-officers, that be honest, and faithful, as ye will be answerable. And your Procurators, shall wear Gowns in the Court, as ye are appointed, and injoyned, by these principal injunctions, to do the samine your selves. And that you put the samine to execution, betwixt and the day of next to come.

25. The profite of all Summons, Sentences, Transumpts, Registrations, and Confirmations of Testaments, and Registrations of all Tacks, Contracts, Obligations, and other Writs whatsomever, and Extracts of the samine. As likewise the profite of the Seal, and Signet; to be divided in manner follow∣ing: That is to say; the two part thereof to the Commissars, and the third part to the Clerk; he always, finding Paper, Ink, Wax, and Writing-Chamber.