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 ...

ORDERS

To be observed in Confirmations of all Testaments.

YOU shall have a care, that all Edicts be served generally, at the Pa∣roch Churches, twice, or at least every year. And if any Party shall desire particular Edicts, as occasion offers: you shall cause give them forth, and the general Edict to be given gratis to the Procurator-fiscal. The Edict being Served, and the Person, or Persons, having best right, being decerned Executors, to the Defunct; the Inventary shall be given up by the Executor, who shall make Faith upon the truth of the samine. If the Wife be Deceast, and the Husband give up Inventary; both of the Goods, Geir, and Debts, owing by hi••, and to him, such Debts as he gives up, and by his Oath Swears, to be true Debts, should be deduced off the free Geir al∣wayes, if the Executor suspect any Fraud, that the Debts given up exhaust the free Geir, and think fit to omit the samine, he may lawfully do. And thir Debts are in Testaments Dative, only to be received as owing by the Defunct, Servants Fe••s for a year preceeding the Defuncts decea••e, Du∣ties of Lands, or T••inds for a year, Apothecaries Drogs immediatly im∣ployed before the Defuncts decease, House-meals for half a year at most, Pensions, and Ministers Stipends, Steelbow-goods, and Corns to the Ma∣ster: If the man, or the Person whose Testament is to be confirmed, give up the Inventary of Debts, with his own mouth, in a Testament Testamen∣tar; such Debts, as they give up, must be allowed. But if there be no Te∣stament Testamentar made by the Defunct; or that in the samine he has or∣dained his Executor to give up the Inventary of his Goods, Geir, and Debts; in that case, no Debts are to be deduced; except the Debts mentioned, and contained in the immediat preceeding Article. Which Deductions being made by the Person deceast; he leaving behind him. Wife and Bairns; if any of the Bairns, be unfori••familiat; the Testament is divided in three parts; and the third part of the ••••ee Geir, pays only Quot.

If all the Bairns be forisfamiliat, the Testament then divides in two: and the half of the free Geir pays Quot. If there be no Bairns, the Testament likewise is divided in two: and the half of the free Geir pays Quot. If the Person deceast be single, and has no Bairns unforisf••miliat, in that case the whole free Geir pays Quot, without any division. If it fall out that any challenge the Geir of the Defunct, by virtue of an Assignation, from the Defunct before his decease; he ought, not the less, to Confirm the Testa∣ment: notwithstanding of the Assignation. Quia quoad confirmationem Te∣stament; it is estimat to be simulat. But he may as Assignay, make Pro∣testation, That the Confirmation shall not prejudge his Assignation, pro ut de jure.

Ye are to advert, that the prices of the Goods, given up in Testament, be estimat, conform to the common course, as they are sold in the Coun∣trey, neither too high, nor to low, in prejudice of the Quot, and Bairns of the Defunct.

Let no Testament be Confirmed, without the Oath of the Executor, and the Relicts Oath, Man, or Wife, who survives other; and if any thing shall be found to be omitted: any benefite which would have belonged to the persons omitting, of the which they had no probable ignorance; The samine shall pertain to the Arch-bishop, or Bishop, or to any, to whom they shall dispone it.

You shall give no License to pursue, except to poor bodies: and that for small sums, and where Debts are desperate. If there be no nomination, or Testament made by the Defunct, or if the Testament Testamentar, shall not be desired to be Confirmed: ye shall Confirm the nearest of Kin, desiring to be Confirmed. And if the nearest of Kin shall not desire to be Con∣firmed; ye shall Confirm such of the Creditors, as desire to be Confirmed as Creditors: they instructing their Debts. And if•• neither nearest of Kin, Executor, nor Creditor, shall desire to be Confirmed, you shall Confirm, the Legators, such of them as desire to be Confirmed; and instruct, that they are Lega∣tors. And if no other person having interest foresaid shall Confirm•• you shall Confirm your Procurator-fiscal, datives, alwayes being duly given thereto before. And if after the saids datives, but before Confirmation; any Person having Interest, shall desire to be Surrogat, in place of the Pro∣curator-fiscal: ye shall Confirm them as Executors, Surrogat, in place of the Procurator-fiscal. And to the effect the Debts may be the better known; ye shall call within your Jurisdictions, the Intrometters with the Defuncts Goods, and Geir, (Datives being given up as said is) to give up Inventar thereof. And in case the Intrometters will not compear, to the effect foresaid. Then ye shall cause Summond, four or five of the Defuncts nearest neighbours; and others who best knew the samine•• who being sworn, shall give up Inventar; of the Dead's Goods, and declare the quan∣tity thereof, under what division the samine comes, and the expense, to be made thereupon, shall be modified yearly: at the making of the Accompts.

That every one of you have a Procurator-fiscal, who shall be an honest, discreet man, and responsal, for pursuing all common actions, and who shall be decerned Executor dative, to all the Defuncts, within your Jurisdiction where he serves; in case the nearest of Kine of the Dead, nor any other nomi∣nat Executor, Confirm not his Testament, in due time. And ilk Procu∣rator-fiscal shall find Caution that the Goods he shall happen to intromet with, shall be forthcoming as effeirs: and shall make Compt yearly, and payment of the saids Goods, that shall happen to be intrometted with by him: to the Arch-bishop, or Bishop, and shall have three shilling, for ilk pound that he brings in, and makes payment of. The Procurator-fiscals, shall be holden to Compt twice in the year, for the diligence to be done by them, in taking up the names of all the Defunct Persons, within the whole Parochs of your respective Commissariots: wherein they shall be faithful. And if it shall be found that they have exacted Money from the People, or oppressed them, or transacted with such Persons as shall happen to be charg∣ed to Confirm, and shall receive Money from them to pass from the saids charges, or for Money or good deed; shall forbear to cause charge any such person, who ought to be charged. Any such Procurator-fiscal so do∣ing; the samine being sufficiently proven, shall be deprived from his Of∣fice.

That all Persons, named, or to be named Executors, to any Defunct; shall Confirm their Testaments within three Moneths, after the Defunct's death, at farthest.

If any person shall be decerned Executor to a Defunct, when he com∣pears not personally, by reason of sickness, or upon any other reasonable occa∣sion: and craves a commission to take the Executors Oath. Ye shall not grant any Commission for that effect, without the Ministers Testificat, of the Parties inability, and knowledge, and consent, of the Arch-bishop, and Bishop.

When an Edict is execute to a day, and the Party compear and desire to be decerned, Executor, and crave a day, to give up Inventary, and Confirm: ye shall continue the decerning of the Party as Executor, un∣til the day, that he should Confirm; to the end all may be done, Simul & semel.

You shall not suffer Testaments to have Faith, or any thing contained in them, without Confirmation, ye shall not suffer an e••k of Testaments to be made, exceeding•• the third of the Inventary, and that but once, with∣out knowledge of the Arch-bishop, or Bishop. That the Inventar be like∣wise given up, as they were the time of the Defuncts decease. And twelve pennies of every pound of the Deads part, shall be the Quot of all Testa∣ments, both great and small, which shall be Confirmed; as well of the Te∣staments, dative, as others. And the mitigation, and composition of the sa∣mine Quot, shall appertain to the Arch-bishop, or Bishop, to whom it belongs alanerly: if need beis.

Institutions to the Clerk.

YE shall have two Register Books, one for the Acts, and Sentences, and another for the Testaments. Which Book of the Testaments, shall be marked by the hand of the Arch-bishops or Bishops, or Bishops Clerk: and when the samine are filled up, to receive a new Book, besides your Book of Registration.

Ye are all of you, both Commissars, Clerks, and Fiscalls, to serve the Leidges thankfully: at the Rates, and Prices which are to be settled, by the Arch-bishops, and Bishops.

We have considered the abovementioned Instructions, contained in these five preceeding Leaves. And to conceive that it is fit, that the same be Au∣thorized and injoyned, for Regulating the Proceedings of the Commissars; in their respective Courts.

Sic Subscribitur,

• IO. NISBIT.
• IO. BAIRD.

ACT against Decreets, for not Reproduction of c••ssiones bonorum. November 6. 1666.

THe Lords considering, the great abuse lately crept in, under the co∣lour, of the Act, ordering Decreets for not Reproduction of Pro∣cess: to extract Decreets of Bonorum, which was never the Lords meaning, to extend the foresaid Act, to any Summons of Bonorum. Therefore the saids Lords, for Rectification of the foresaid abuse: discharge the granting

of any Decreets for not Production, in time coming; in so far as relates to Actions of Bonorum: at the Instance of any Debitor, against his Credi∣tors. But ordain the Pursuer to complain to the Lords, in presentia, in communi forma, for keeping up of Processes, of that Nature: and dis∣charge the Lord Ordinary, in the Outter-house, to decern in any such Causes: but that they be all Advised, and Decerned, in presentia.

His Majesties Letter to the Lords concerning Prizes. Ianuary 3. 1667.

Follows the Tenor of the Letter, Superscribed thus;

CHARLES R.

RIght Trusty, and Right well beloved Cusing and Councellour, Right Trusty, and well beloved Councellours, and Trusty and well beloved: We Greet you well: we have been often troubled, with Complaints from strangers, in Amity with Vs; and others, concerning the Prizes taken by Our pri∣vate men of War, in that Our Kingdom, and Sentences pronounced by Our High Court of Admirality there: and whereas We understand, that ye by Our Law, are Authorized to be Supream Iudges in all these cases: We do hereby Require, and Authorize you, to think, and conclude on such Orders, as shall be necessary for bringing before you, and Deciding all these Causes in a Summar way: and that ye proceed with all expedition; in respect the Persons concerned, are, for the most part, Strangers. And their Ships, and Goods, being apt to perish; their preju∣dice may be irreparable; if they have not Summar Iustice. And We do most particularly recommend to you, the Subjects of the Kings of Spain, and Sweden, with whom we have particular Treaties, which We shall send to you: And w••ose Ships, and Goods are to pass free; they having such Passes, as are agreed upon, of which, We did send Copies to Our Privy Council; and so We bid you Fare∣well.

Given at Our Court at Whitehall, the twenty seven day of December, One thousand six hundred sixty and six. And of Our Reign, the eighteen year.

By His Majesties Command, Subscribed thus, LAUDERDAIL.

VVarrand for General Letters, for the Contribution due out of Bene∣fices to the Lords. November 17. 1668.

THE Lords have Ordained, and hereby Ordain, Letters, and Ex∣ecutorials of Horning, to be Direct at the Instance of these Ordi∣nary Lords; who have been admitted, since Iune 1663. or shall be admitted hereafter, against the Arch-bishops, Bishops, Priors, Heretors, Liferenters, Feuars, Farmers, Tennents, and Tacksmen of the Prelacies within this Kingdom: for payment to them of their respective proportions, of the Contribution Money, payable out of the saids Prelacies, and Allocat to their Predecessors: in whose place they have succeeded, by an Act of Sederunt, of the date, the 11. day of Iune 1663. and a Roll sub∣joyned thereto; containing the particular division, of the Contribution Mo∣ney amongst the saids Lords, and that for all Years and Terms, since their ad∣mission, and Entry, and Yearly and Termly in time coming.

Oaths to be taken for the Price of Fowls. Ianuary 15. 1669.

THE which day, It being represented to the Lords, That the Magi∣strates of Edinburgh, desired to know, whether they might warrant∣ably exact the Oaths of the Poultrie-men, and In-keepers, concern∣ing their contravention, of the Acts lately made for the price of Fowl drest and undrest. The Lords finds that the Magistrates of Edinburgh, may and ought to exact the Oaths, of the contraveeners of these Acts, either the Poultrie-people, who sell the Fowls undrest, or In-keepers•• who sell them drest. And recommend to the Magistrates to be careful, in the speedie, and exact execution of these Acts.

ACT anent extracts of Registrate writs bearing the Procurators named though not subscribed. December 9. 1670.

THE Lords of Council and Session, do grant warrand to the Lord Register, and the Clerks of Session; his Deputes to registrate such Bands, Contracts, and other Writs, as shall be given in to them to be registrat, and therein to insert the consent of Advocats, as Procurators to the Registration: as they were in use to do formerly•• and accordingly to give out extracts thereof, notwithstanding that the Advocats do not subscrib their consent. And appoints this warrand to continue untill further order. Likeas, the Lords declare, that any Extracts given out by the Clerks, in man∣ner foresaid; since the first day of November last are warrantably given: and cannot be quarrelled upon that ground, that the Advocats consent to the Registration is not subscribed.

ACT Anent Extracting Acts and Decreets. Ianuary 20. 1671.

THE Lords enacted and ordained that no Act, or Decreet, done either in the Inner or Utter-house shall be extracted untill 24 hours elapse, after the same is read in the Minut Book.

ACT against Magistrats of Burghs, forletting prisoners for Debt go out of the tolbooth. Iune 14. 1671.

THE Lords considering, That albeit by the Law, Magistrats of Burghs, are oblidged to retain, in sure warde and firmance, Persons incarcerat in their Tolbooths for Debt. Yet hitherto they have been in use to in∣dulge Prisoners, to go abroad upon several occasions. And it being expedi∣ent, that in time coming the foresaid liberty, taken by the Magistrates, of Burghs should be restrained; and the Law duely observed. Therefore the saids Lords do declare, that hereafter it shal not be lawful to the Magistrates of Burghs, upon any occasion whatsomever, without warrand from His Majesties Privy Council, or the Lords of Session to permit any Person in∣carcerat in their Tolbooth for Debt, to go out of Prison, except in the case of the Parties sickness, and extream danger of Life: The same being always attested upon oath, under the hand of a Physician, Chirurgion, Ap∣pothecary, or Minister of the Gospel in the place: Which Testificat shall be recorded in the Town Court Books. And in that case, that the Magi∣strats

allow the Partie only liberty, to reside in some house, within the Town during the continuance of his sickness: They being always answer∣able that the Partie escape not. And upon his recovery to return to Pri∣son. And the Lords declare, that any Magistrats of Burghs who shall con∣traveen the premisses, shall be lyable in payment of the Debts•• for which the Rebel was incarcerat: And appoints this Act to be intimat to the Agent for the Royal Burrows: and to be insert in the Books of Sederunt.

His MAJESTIES Order to the Commissioners of His Thesaury to free the Lords from the Cess. Iuly 19. 1671.

CHARLES R.

RIght trusty and well beloved Cusing and Counciller, right trusty and well beloved Councillers, and trusty and well beloved, We greet you well. Vpon the humble desire of President, and Senators of Our Colledge of Iustice Signified unto Vs by Our Secretary. We have thought fit to express Our so great tenderness of their Priviledges, as to discharge the President, and all the ordinary Lords of Session, of their proportions of the Currant Supply granted un∣to Vs, by the late Session of Our Parliament; although they gave their Bond for the same. Therefore Our pleasure is, and We do hereby Authorize you to give Command nor to exact any of the said Supply from the proper states of the said Pre∣sident, and ordinary Lords of Session, but that the same be discharged. And if any part thereof be already Collected, that it be payed back to them respectively; for which this shall be your warrand. And so We bid you heartily Farewell.

Given at Our Court at Windsor Casile the 12 day of Iuly, 1671. and of Our Reign the 23 Year.

Subscribed thus by his Majesties command Lauderdail.

ACT for keeping the Barrs November 3. 1671.

THE Lords of Council and Session considering, that there is great disorder and confusion occasion••d by the thronging in of the Advocats men, and others upon the Clerks, and their Servants in the Utter-house before the ordinary Lord go to the Bench. And after twelve a clock at the reading of the Minut Book: For remeid whereof, they ordain the Minut Book in time coming to be read in the nethermost end of the Loft appointed for the Advocats Servants. And prohibit and discharge all Advocats Servants, and other persons, who are not licenced, and allowed to enter, or remain within the Innermost Barr of the Utter-house, where the Clerks, and their Servants stays; under the pain of three pounds Scots, to be applyed the one half for the use of the Poor, and the other to the Macers. And to be further cen∣sured by imprisonment, or otherways as the saids Lords shall think sit. And to the end the said Act may be more duely observed. The Lord do ordain, authorize and require the Macers to exact the said ••ine of three pounds, Scots, from any Person whom they shall find within the said Barr. And in case the Party refuse to pay the same: that they carry them to Pri∣son, untill they make payment thereof. Certifying the saids Macers, that if upon delation of them, by any of the Clerks, they shall be found negligent in performing of what is hereby enjoyned to them, they shall be fined in the said sum of three pounds Scots: and imprisoned during the pleasure of the Lords. And this Sentence to be inflicted upon the Macers, or other trans∣gressors of this Act, as oft as they shall be found to contraveen the same.

ACT concerning Priviledged Summons. Iuly 21. 1672.

THE Lords considering, that divers Summons as declarators, and o∣thers, which by the constant from and practice of this Kingdom, did always abide 21. days warning, have of la••e been execute some∣times upon six days, as being priviledged by deliverance of the Lords upon Bills given in for that effect; and seeing these Bills being d••awn and given in by Writers to the Signet, do passe of Course without perusal, or consi∣deration thereof, by the ordinary, which hath given occasion to the fore∣said abuse. And finding it expedient, that it be determined for the future, what Summons shall be Priviledged: Therefore the saids Lords do ordain, That in time coming, all Summons shal come in upon 21 days warning. And that none be priviledged by the Lords deliverance, or otherways, except these following, viz. Removings, Recent-spulzie, and Recent Ejections, where the Summons is Execute within 15 days after the comitting of the deed in∣trusions, and coming in the Vice, Causes alimentary, Exhibitions, Summons, for making arrested Goods forthcoming, Transferrings, Poyndings of the Ground, Waknings, Special Declarators, Suspensions, Prevento••s, and Transumpts. And that Recent-spulzies, Ejections, Intrusions and Succeed∣ing in the Vice be execute upon 15 days: and that all the rest of the fore∣saids Summons be Execute upon six days: and that the second Citation be likewise upon six days. And it is further declared, That all the Summons above-mentioned shall be priviledged as a foresaid, whither the Summons bear a priviledge or not. And the Lords do hereby prohibit, and discharge the Writers to the Signet, to Write, Form, or Present to the Clerks to be put in any Bills for priviledging any Summons, but these above-expr••st; Certifying such as shall coutrav••en, that for the first fault they shall be fyn∣ed in one hundred merks Scots, to be applyed for the use of the poor: and for the second fault, they shall be deprived of their Office. It is al∣ways hereby declared, that this Act is not to be extended to Summons ex∣ecute against Persons Inhabitants of the Burgh of Edinburgh, or the conti∣guous Suburbs thereof, who may be Summoned by the second Citation, upon 24 hours, conform to the custom formerly observed.

ACT anent payment of dues for Summons containing two dyets. Iuly 11. 1672.

FOrasmuch, as the Lords, after mature d••liberation, did think fit, That the former custom of continuing Summons, and taking out of Act and Letters thereupon, in all such Causes, and Processes, as formerly did require and abide continuation, should be laid aside in time com∣ing. And that in Place and Lieu thereof; the Summons in all Process of the nature foresaid, should contain two distinct warrands, for citing the Defenders at two several times, and to two several dyets, and dayes of Com∣pearance with the same Certification as before was usual; and contained in the first and second Summons respective. And that Proc••ss••s should be grant∣ed in the Causes foresaids, upon Summons containing the warrands above∣mentioned, and Execute conform to the same, as formerly was granted up∣on Summons, Act and Letters. And upon an overture given in, and approven by the Lords of Articles. An Act of Parliament hath followed, and is made to that purpose. As the Act of Parliament intituled Act dis∣charging

second Summons, at length proports. And seing the Lords of Ses∣sion, when they had the said alteration of the former Custom, under their consideration, thought it no ways reasonable, that thereby, either His Ma∣jesties Secretary, or the Clerk of Register, or the ordinary Clerks of Session, his Deputes should be prejudged of their dues, and profits formerly belong∣ing to them respective. And in regard, the Summonds which are to contain the said distinct warrands for Citation, are in effect, and upon the matter, two several Summons, and are equivalent to Summons, Acts and Letter, and have the same effect to all intents: and the profits formerly arising from all Acts of Continuation, and Letters thereupon, are a considerable part of the Dues belonging to the Lord Secretare, Lord Register, and his Deputs, for their Incouragement, and Service in their respective Offices•• and upon the considerations foresaid, it was resolved. That notwithstand,ing, the said alteration, the same should be continued, and secured to them, in manner after mentioned. Therefore, and in order to their satisfaction: The Lords of Session does Statute and Ordain, That for the Signing of all Summons, which formerly did abide continuation; and in lieu thereof, shall now, and hereafter continue the said warrands for two several Cita∣tions, the keepers of the Signet shall have, and may take as much as for∣merly he might have taken, both for Summons and Letters, while the same were signeted a part. As also it is hereby appointed, That all the saids new Summons, containing two distinct warrands for citing to the Defenders two dyets be subscribed by the Clerk of Register, or in his absence, by one of his D••puts, or the ordinary Clerks of Session, who at the subscribing thereof, are to receive for the same, the dues formerly payed, for Act, and Letters. And the Lords do hereby discharge the keeper of the Signet to affix the Signet to any of these new Summons, for two, or more Citati∣ons, but such as shall be subscribed by the Clerk of Register, or his De∣putes, as said is: and that no Process be granted upon auy such Summons unlesse they be subscribed by them in manner foresaid.

ACT concerning Bankrupts. Ianuary 23. 1673.

FOrasmuch, as by an Act of Sederunt, of the 26 February, 1669. It is Satute an Ordained, that all Decreets of Bonorum in time coming, should contain a Clause, ordaining the Persons, in whose favour the Bonorum should be granted: To take on, and weare the habit of Bankrupts. Which is a Coat, or upper Garment, which is to cover the Parties Cloaths, Body and Armes: whereof the one half is to be of a Yel∣low, and the other half of a Broun Colour, and a Cape, or Hood, which they are to wear on their Heads, Partie-coloured, as said is, which habit, they are to take on, before they come out of Prison, and come out with it upon them. And that it shall be lawful to the Creditors, to seiz upon, and imprison any of them, who shall be found wanting the foresaid habit. And the Lords considering, that this Course, for preventing, and punishing of Bankrupts, hath through the in-observance of the same, proven ineffectual, as to the designed end of the same, do therefore statute, and ordain, That all Decreets, of Bonorum, and Charges to put at liberty, to be raised there∣upon, shall thereafter contain the hail tenor of the Act of Sederunt above∣written. And that the Magistrats of Burghs shall not put out the Partie in whose favours the Decreet, and Letters are granted, untill first they put on the habit, and come out of the Tolbooth, betwixt 9. and 12. a clock in the Fore-noon, with the habit on them, as is prescribed by the Act. And

ordain the Clerks of the Session, the Keepers of, and Writers to the Signet; and others having interest, to be careful, that this Act be punctually observ∣ed. And ordain a Coppy thereof to be delivered to the Baillies of Edin∣burgh, to be Registrate in their Books, and keeped for the entry, and liberty of Prisoners in their Tolbooth.

ACT ordaining Advocations, or Suspensions, of Processes for Conventicles to be only past in presentia, or by the three Lords in vacant time. Iune 24. 1673.

THis day the Lords ordained, that no Bill of Advocation be past of any Processes depending before the Sheriffs and other Judges ordinary, against Persons guilty of keeping Conventicles, unless the same be past in presentia, during the sitting of the Session, or by three Lords met together in time of Vacancie, and that no supension be past of Decreets given upon those Processes, except upon Consignation of the sums decerned, or in presence of the whole Lords, or in time of Vaca••cie by three Lords. And appoint Intimation hereof to be made to the Clerks of the Bills.

Letter anent Prizes. Iuly 8. 1673.

THis day the Lord Chancellor produced, in presence of the Lords, a Letter directed from the Duke of Lauderdail Lord Secretary, by His Majestie's Command to the Lord Chancellor, President, and re∣manent Senators of the Colledge of Justice, which Letter being Read in presence of the saids Lords: they ordained the same to be Recorded in the Books of Sederunt, whereof the tenor follows. For the right Honourable. The Earle of Rothes Lord Chancellor of Scotland, Sir James Da••ymple of Stair President of the Colledge of Iustice, and the Remanent Senators thereof: White∣hall, Iune 30. 1673. My Lords, Since the Receit of Yours, of the 25. January, I have been using my best Endeavours to know how to satisfie your Lordships desire therin. And now having acquainted the KING t••erewith, in presence of divers of his Council here; I am commanded by His Majesty, to let you know, that the Treaty of Breda is certainly void by the War: and that no Ally can claim any benefite thereby, when they carry any provision of Victual, or other Counterband Goods to the Ports of Our Enemies, or when they have Goods belonging to Enemies on Board. As to the other part of the Letter, it was deliberatly thought fit in the Council of England, That any number of the Dutch Nation being found aboard, should not confiscat Ship and goods, as it did during the last War, and therefore, that Article was kept out of the Rules, which were given to the Court of Admiralty here in England. But if any part of the Ship belong to any Inhabiting within the Dominions of the States-general; the whole both Shipe and Goods are to be de∣clared Prize, and if the Master have his Residence in Holland, you are left to judge in this case according to Law, and as you shall think just.

I have likewise communicated to the KING your answers to the Swedish En∣voys memorial. And to the Complaints of the King of Polland, and the City of Danzick, which did give a great dale satisfaction to His Majesty, and seve∣ralls of His Privy Council there, who were present•• And Coppies of them were sent unto Sweden. I am, my Lord, your Lordships most humble Servant,

Sic subscribitur LAUDERDAIL.

ACT for ordering new hearings in the Vtter-house. Iuly 11. 1673.

THE which day, the Lords ordain any Lord, who is to hear a Cause debated in the Utter-house, before the Lord ordinary come forth; shall go to the Bench, and call the said Cause at 8 a clock in the morning: And ordain the Advocats, Clerks, and Macers, to be present, and attend at the said hour: and if no Procurators be present, for that Partie, that seeketh calling; yet the said Lord shall proceed, in making Act or Decreet; and the said Cause is not to be heard any more thereafter. And if none be appearing for the other Partie, at the said hour, or when the Cause shall be called: then that Parties Procurators are not thereafter to be heard by the said Lord, except the said Party, or his Procurators give in two Dollers to the poor's Box. And ordain this Act to be recorded in the Books of Sederunt, and intimate to the Advocats in the Utter-house.

Letter from His Majesty against Appeals. Iune 17. 1674.

THis day the Lord Thesaurer Deput produced, in presence of the saids Lords, a Letter, direct from His Majesty, to the Lord Chancellor, Lord President, and Remanent Senators of the Colledge of Iustice. Whereof the tenor follows.

CHARLES R.

RIght trusty aud well-beloved Cusing•• and Councilers, Right trusty and well-beloved Council••rs, aud trusty and well-beloved. We greet you well, We received your Letter of the 28 February, Last, with an accompt of these Appeals, given into you by the Lord Almond, and Earl of Aboyne, but could not then return any answer, the Session being up. And now upon full consideration of that whole affair, We find it indispensably necessary, for Our Service, and the mentainence of Our Authority, and for the quiet and securi∣ty of Our Subjects in their Fortuns and Estates, That the honour, aud Autho∣rity of Our Colledge of Iustice be inviolably preserved: and that there be an in∣tire confidence in, and def••rence to all the Decreets and Sentences thereof. And after the Laudable Example of Our Royall Progenitors; We do assure you, that We will constantly mentain Our Authority exercised in that Court, against all Incroachments, Indignities and Reproaches, that may be attempted against the same, or against any of the Lords of Session, whom We shall always cause to be held in special Honour, as these who represent Our Person, and ••ear Our Au∣thority. And as We cannot but declare Our dis-satisfaction with, and abhor∣ance of these Appeals: So it is Our express pleasure, that special care be taken to prevent the like practices for the future; and for that effect, that you cause solemn Intimation to be made, to all Advocats, Clerks, Writeres and others, who are members of, or have dependence upon the Colledge of Iustice, and others whom it may concern, That none of them presume to advise, consult, propose, plead, speak, or suggest any thing, that doth import the charging of any of the Decreets, and Sentences of the Lords of Session, with In-justice, whether in the Terms of Appealls, Protestations, Supplications, Informations, or any other manner of way, either publickly, in the exercise of their Function, or private∣ly in their ordinary conversation with their Clients, or others, under the pain of being utterly excluded, from exercising any Office, in, or, depending upon the

Colledge of Iustice: and that all Advocats to be admitted hereafter have the same declared to them, as a part of the Oath de fid••••, and obedience to the Lords, which is ••e••customed to be given by Advocats at their entrie. And We are graciously pleased, that you proceed no further against those who gave in these late appealls, nor ••ga••st these Advocats, who refused to give their Oaths con∣cerning their accession thereto, providing these Advocats do som••nly disown these appealls, and all other appealls, and Protestations, which may any way import a Charging of the Sentences of the Lords, or their In••e•• locutors with un-justice, and in case they refuse to disown the same, We peremptorlie command you to debar them from the Ex••rc••se of any part of their Function as Advocats in time coming. And We do Authorize•• and strickly Command you to declare any membe•• of the Colledge of Iustice, or others, who depend thereupon, who shall not give ob••d••ence in the particulars above-mentioned, incapable to exerce any Office in, or depending up∣on the Colledge of Iustice: and for the better discovering cont ivances, you are to receive no Supplications, but such as are signed by an Advocat. As also you are hereby required, if need bees, to put all who depend upon the Colledge of ••ustice to give their Oaths, as Parties, or Witnesses for d••scovering the contrivances: and in case any other, having no dependence upon the Colledge of justice, shall present any thing Expressing, or Importing the cha••ging of any of your Sentences, with Injustice in the Terms foresaid, or any other way. We do Auth••rize, and Command you, that you do immediately secure their Pers••ns, if they be pres••nt, and if they be absent, that you isue forth Charges, and all other Execution against them for that effect, And that you give an accompt thereof to Us•• That We may signifie Our further pleasure therein. For doing of all which, this shall be your sufficient warrand. And so We bid you heartily Farewell.

Given at Our Court, at Whitehall the 10 May, 1674. And of Our Reign the 26. year.

Sic Subscri••itur, By His Majesties Command LAUDERDAIL.

Iuly 23. 1674. ACT concerning Acts before answer.

THE Lords considering, That in several Cases, they are in use before discussing of the Relevancy of the points debated, to ordain the Parties Pursuer, or Defender, or either of them, to produce Writs, or to prove certain Points of fact, that they may have the whole matter intirely before them, both as to the Relevancy, and Probation; whereup∣on Acts are Extracted: Which are called Acts before Answer. And in re∣guard Questions do, and may arise, concerning the import and effect of such Acts, if the Parties be thereby so concluded, as they may not thereafter pro∣pon new alledgances; and what Terms, and Dyets should be allowed for Probation: and seing it will be a great prejudice to the Leiges, if after Acts Extracted, and Probation led thereupon, Parties, or their Pocurators should be permitted to to offer new alledgances, not formerly insisted on in the Act: for Probation whereof, new Terms behoved to be asigned, and there∣by Processes would be drawn to a great length. Therefore, the saids Lords do ordain the Parties Procurators to propone all their alledgances in the Cause before, or at the time of pronouncing these Acts, before Answer. And declare, that after these Acts are Extracted; they shall not be heard to propone any new alledgances which were competent, but omitted to be proponed when the Act was pronounced. And the Lords declare, That,

where the Parties Pursuer, or Defender are, before answer to the relevancy burdened with the Probation of any point: they shall have the same Terms, or Dyets, for Probation thereof, as by the constant practice is allowed to Pursuers for proving their Lybells, when the same are admitted to their Pro∣bation; but if in the same Acts, any point be found relevant, and admitted to Probation: that the Parties Pursuer, or Defender to whose Probation the same is admitted, shall have the same Dyets for proving thereof, as are allow∣ed to them respectivè, in Acts of litis contestation. But after the Probation up∣on the saids Acts is closed, they shall not be admitted to adduce any other pro∣bation, of any points formerly alledged in the Act. And further, the Lords declare, that where any Alledgance, or Reply is founded upon Writs, and that before Answer there to, the Writs are ordained to be produced, in case the Party burthened with the producing of these Writs shall fail therein and thereupon the Term shall be circumduced against him, that the alledgance, or reply in the Case foresaid shall be holden as not proponed.

ACT for tryall of those presented to be Ordinary Lords of Session: Iuly Last 1674.

THE Lords considering, That the KING'S, Majestie, by His Letter, May 19. last, did require them, to present to His Majesty, what Tryal they should think best and firest to be taken, for Cognoscing the Quali∣fications, and sufficiency of such Persons, as His Majesty shall hereafter No∣minat to supply any Vacant place in the Session, and the saids Lords, in an∣swer thereunto, having offered their humble opinions. That thereafter, when any new Lords of Session shall be presented by His Majesty, for tryal of their Qualifications: they shall sit three days beside the ordinary, in the Utter-house, and shall have inspection of the said Processes, which shall be carried to Interlocutor; and shall make report of the Points taken to the In∣terlocutor, in presence of the whole Lords. As also for compleating their Tryal, they shall sit on day in the Inner-house, and after any Dispute is brought to a Period, and the Lords are to advise the same, in order to the pronouncing their Interlocutor; they shall resume the Dispute, and first give their opinion there anent, in presence of the whole Lords. Likeas, His Majesty by His Letter, of the 14. of this instant, having approven the foresaid Rule offered, for the Tryal of such as shall be presented by His Majestie, as ordinary Lords of Session, and appointed it to be entred in the Books of Sederunt, for that purpose. The said Lords, in obedience to His Majesties commands, do ordain the same to be observed, as the constant Rule in all time coming, for Tryal of such Persons, as shall be presented by His Majesty to be ordinary Lords of the Session. And ordain these presents to be Recorded in the Books of Sederunt.

Ianuary 26. 1675.

THIS day compeared Personally, George Marque••s of Huntly, in pre∣sence of the Lords, and declared, that he having given Commission to divers of his Friends, for managing his affairs during his absence forth of the Countrey, who, as he was informed had given in an Appeal in an Action pursued in his Lordships name against Gordon of Carnborrow; and craved that in regard he doth passe from the said Appeall, that warrant might be given to deliver up the same to him. Which desire the Lords granted.

ACT concerning Prisoners for Debt. February 5. 1675.

THere being an Address made to the Lords of Council, and Session by the Keeper of the Tolbooth of Edinburgh, representing, That Persons im∣prisoned in the said Tolbooth for Debt, upon Captions, having obtained discharge of the Debt, are pressing to be liberat, upon production of the dis∣charge, without a Charge to set at Liberty, which he refuses to do, al••••it the same be usually done, by the Keepers of other Tolbooths. And particularly, by the Jailor of the Tolbooth of the Canongate; and therefore d••siring, that the Lords would allow him the same priviledge, which is assumed by the Jai∣lor of the Tolbooth of the Canongate, or otherways to determine what both of them ought to do herein. And the saids Lords having taken the general Case to their consideration, and finding, that where the Debt, for which Persons are Incarcerat, is in-considerable, the Expenses of procuring •• Charge to set at Liberty will sometimes near equal the Debt it self, the Prisoners being also poor, and not able to satisfie the saids Expenses; Therefore, the saids Lords do Authorize, and allow the Magistrates of Burghs, to set at Liberty out of their Tolbooths, Persons imprisoned for Debt, by vertue of Letters of Capti∣on, upon production of a sufficient discharge of the Debt, granted by the Cre∣ditor, at whose instance they are incarcerat, bearing a Consent to the Debi∣tors Liberation, and duly registrat, if the sum do not exceed two hundred merks Scots, and the Prisoner be not arrested at the Instance of other Parties, the Magistrats, or Keeper of the Tolbooth, being always careful to keep an Extract of the said discharge; and finds no necessity, in this Case of a Charge to set at Liberty. But if the sum, for which the Debitor is Incarcerat, exceed two hundred merks Scots, the Lords discharge the Magistrats of the Burgh to Liberat him out of Prison, without a Suspension, and Charge to set at liberty under His Majesties Signet.

February 9. 1675. ACT anent Bills of Suspension.

THE Lords finding it expedient, That some setled Rule, and Order be set down, concerning the presenting and passing of Bills of Suspensi∣on; That any abuses which of late have creept in, may be prevented in time coming, do ordain: that hereafter, in time of Session, no Bill of Sus∣pension shall be presented to any Lord to be past, but to him who shall be or∣dinary Lord for the time upon the Bills, and that both in time of Session, and Vacancy, the Ordinary shall continue upon the Bills, from Tuesday to Tuesday, in the inseuing week. And ordain the Bills to be presented only by the Clerk of the Bills, or his Servant; and when the Bill of Suspension shall be presented, if the Ordinary, after the perusal thereof, find the Reasons rele∣vant, and sufficiently instructed, that he passe the Bill. And in case applica∣tion shall be made to him by the other Partie concerned, for a hearing; the Or∣dinary shall Writ towards the foot of the Bill; that before the Bill of Suspen∣sion be expede, and go to the Signet, the other Partie shall see and answer, and in that Case he may stop execution for sometime, not exceeding a moneth from the time of presenting the Bill. And if the Ordinary shall re••use the Bill of Suspension, he shall mark upon the back of the Bill with his own hand, that the Bill is refused, in respect the Reasons are either not relevant, or not instruct∣ed; which Bill the Clerk is thereby ordered to keep, and mark with his hand, upon the back thereof, what Writs are produced for instructing the Bill. And if the same Bill, or any new Bill of Suspension upon that matter shall be desir∣ed

to be presented to another Lord being Ordinary for the time, the Clerk shall present to the Ordinary, the Bill of Suspension which was formely refus∣ed. In which Case the Ordinary is not to passe the Bill, untill it be present∣ed to the whole Lords in time of Session, or to three Lords met together in time of Vacancy.

ACT ordaining Processes after Avisandum to be carried to the Ordinary that same day, and reported in his Week. Iune 2. 1675:

THE Lords considering, the inconveniences arising from the giving up of Processes to Parties, or their Advocats, after the same are taken to Interlocutor, the reporting of Causes being thereby much delayed, and it being contrary to the ancient Custom; Therefore, the saids Lords or∣dain, that in time coming, after any Cause is dispute before the Ordinary, in the Utter-house, and an Avisandum made therein to the Lords, that the Pro∣cess shal that same day be carried by the Clerk, or his Servants to the Ordinary, that he may peruse the same, and that he may endeavour to report to the Lords, the points taken to Interlocutor the next day thereafter; or at far∣dest once in his Week. And the Lords discharge either the Ordinary, or the Clerk to give up, or lend out to the Parties, or any Person for them, the Processes, or any part thereof, after an Avisandum is made therein to the Lords, or when the Ordinary shall call for the Process, to consider it himself. And if any Act or Decreet pronounced by the Ordinary shal be stopped upon the de∣sire of any of the Parties, for a new hearing, that the Lord who formerly hard the Cause, shall go to the Bench in the Utter-house, betwixt 8. and 9. a clock in the morning before the ordinary come out, and call, and hear the Parties Procurators, wherein the Lord was Ordinary the immediat preceeding Week shall have the preference before any other Lord, who was Ordinary in any of the former Weeks. Likeas, the Lords discharge any writen Dispute upon Bills of Suspensions, or Advocation, but where the Ordinary upon the Bills, shall think fit to allow a Bill, to be seen, that he call the Parties the next day and hear what they have to say, viva voce, without taking in written an∣swers.

Hugh Riddel sent to the Pla••tations. Iuly 20. 1675.

THE which day, anent the Petition given in to the Lords, by Iohn Riddel Merchant in Edinburgh, shewing that, Heugh Riddel, the Petitioners only Brother, having committed an unexcusable Crime (Whereat the Supplicant blushes) in cutting some Silver-buttons off a Gentle-mans Cloaths, in the Utter-house, during the time that the Lords were sitting; and being therefore committed to Prison, the saids Lords have most justly ordered him this day to be brought by the publick Executioner, from Prison, to the great door of the Session House, at 9. a clock in the fore∣noon, and to stand till 10. a clock, with a Paper on his Fore-head, expres∣ing the Crime whereof he is guilty: and thereafter to be taken by the fore∣said Executioner to the Trone, and there to stand with that Paper on his fore∣head, from ten to eleven a Clock: Which Sentence, the Supplicant ac∣knowledgeth to be less then the said Hugh Riddel deserveth; only he being a young man, and related to honest Parents, and the Supplicants Brother, and never known to have been addicted to any such base Acts formerly: al∣beit the Petitioner and his Friends, are ashamed in his behalf, to plead any

exemption from his deserved punishment, which his riper years may cause him detest and abhore, as an offence to the saids Lords, and Scandal to his Friends, and prejudice to the Party offended: which the said Party of∣fended, willingly forgiveth, out of respect to his Friends. Therefore hum∣bly desiring, that the saids Lords, for preventing such a publick Stain up∣on the Petitioner and his Friends, by the said publick disgrace upon a youth of his years, would be pleased to 〈◊〉〈◊〉 his Sentence, as to the way and manner of the disgrace, and infamy, by 〈◊〉〈◊〉 his Imprisonment upon the Supplicants Charges, till there be an occasion for Transporting of him beyond Seas, or where the saids Lords shall judge convenient, whether by way of banishment, or otherwise, during then Pleasure, for which effect the Sup∣plicant shall be obliged by Bond, if the Lo••ds shall require the same: and in the mean time, to be favourably pleas••d to discharge the Execution of the said Sentence. Which Supplication being considered by the s••ids Lords; they by their deliverance thereupon, of the 16. of thus Instant, granted Warrant to the Magistrates of Edinburgh, to continue the execution of their Sentence, pronounced against the said Hugh Riddel, until VVednes∣day the 21. of this Moneth: betwixt and which time, if he should find suf∣ficient Caution, to conti••••e in Prison upon his own Charges, until an oc∣casion shall offer for his Transportation, to his Majesties Plantations in Ameri∣ca, and that he shall then remove to the saids Plantations, and not return to this Kingdom, under the pain of five thousand merks, Scots Money, to be disposed of as the saids Lords shall think fit, in case he contraveen: In that case, the Lords declare, they will dispense with the execution of their for∣mer Sentence: and if Caution were not found, to the effect foresaid, be∣twixt and the said day, they ordained the former•• Sentence to be then put in execution. Likeas, this day the Lords having considered a Bond of Cautionry produced, subscribed by the said Iohn Riddel, dated the 19. day of this Instant; and finding the same to be conform to their foresaid deliverance: therefore they have dispensed, and hereby dispense with the execution of their former Sentence, pronounced against the said Hugh Rid∣del, upon the 15. Instant; and grants Warrant to the Magistrates of Edin∣burgh, to deliver the Person of the said Hugh, to the said Iohn Riddel, when he shall desire him, in order to his Transportation.

ACT anent passing of Bills for liberty out of Prison. Iuly 21. 1675.

THE Lords considering, that oftentimes, where Parties have done ultimate diligence against their Debitors, by apprehending them with Caption, and Incarcerating them: Bills of Suspension and Charges to set at liberty are presented, and past in favours of these Persons, without the knowledge of the Creditors, at whose Instance they are Incarcerat, and to their great prejudice, thereby frustrating the diligence done by them: For remeid whereof, the Lords ordain, That in time coming, when any Person intends to give in a Bill of Suspension, and Charge to set at liberty, that he shall make previous Intimation of the same, to his Creditor, at whose Instance he is Incarcerat, or arrested in Prison, Personally, or at their dwelling place by a Nottar, before Witnes∣ses, mentioning the time when the Bill shall be presented, in case the Cre∣ditors be within the Kingdom for the time: and that the Instrument of In∣timation to the Creditors, under the Nottars hand, be produced, with the Bill of Suspension, and Charge to set at liberty, when the same is present∣ed

to the Ordinary upon the Bills: otherwayes that the Bill be not past. And the Lords ordain the Intimation to be special, in the time when the Bill shall be presented, being within the latitude of a Week, that the Cre∣ditors may be at a certainty, when to attend the same.

ACT concerning the granting of Protections. February 1. 1676.

THE Lords considering, that divers Persons who are under the hazard of Caption for Debt, pretending that they are cited to bear Witnesse in Processes, depending before the Lords, do upon pro∣duction of a Charge given to them for that effect, under Messen∣gers hands, procure Warrants from the Lords, to Discharge the execution of Letters of Caption, and Acts of Warding, against them for some time, albeit they be not made use of as Witnesses; but only the said Charge im∣petrat by them from a Messenger, that they may obtain the foresaid War∣rant. For remeid of which abuse, the Lords declare, that in time com∣ing, they will grant no Warrant for stopping of execution, of Letters of Caption, or Acts of Warding upon that ground, that the Craver thereof is cited as a Witness in a Process, unless, with the Petition, there be given in a Declaration under the hand of the Party Pursuer, or Defender, who adduces the Witnesses, bearing, that the Person who desires the said War∣rand is really cited at his instance as a VVitness, and that he is a necessary VVit∣ness: And the Lords declare, they will fine the Party who gave the said Declaration, if at the conclusion of the Cause, it appear that there was Collusion in giving the same; it being only done, that the said Person might obtain a Personal Protection.

His Majesties Letter concerning the Clerks. Iune 20. 1676.

CHARLES R.

RIGHT Trusty and well beloved Cousins and Counsellers, Right Trusty and well beloved Counsellers, and Trusty and well beloved, We Greet you well: We have often evidenced Our Affection to, and Care of you, the Senators of Our Colledge of Iustice; and as VVe have Trusted you with the Distribution of Iustice, and the preservation of the Rights and Properties of Our Subjects in that Kingdom, according to Law; and are very confident of your equal and expedite procedor in Iustice, to all Our Subjects, which is the most acceptable Service you can perform to Vs: So VVe will suffer none of Our Subjects to reproach your Procedor; much lesse these who serve before you, and by your Favour and VVarrand, have the priviledge to procure and plead for others, who (if they should be permitted to defame your Sentences) might prove the un∣happy Instruments to lessen the Honour and Confidence which hath been alwayes at∣tributed to that Senate by Natives and Strangers, and might diffuse the Leaven of Male-contents amongst Our People, as if their Rights and Interests were not securely lodged; and thereby make them more capable of evil Impressions, and de∣sirous of change. And We do Require you by all means to suppresse and prevent all mutinous Courses, which you have prudently adverted to, and obviat by your Act of Sederunt, of the 5th. of January last, wherewith We are very well satis∣fied. And We do leave the Advocats, and others of the Colledge of Justice, to be Ordered by you in all things relating to their Imployments. And We do fur∣ther Require you to prevent and punish all Conbinations, and unwarrantable Cor∣respondences amongst Advocates, whereby they may forbear or refuse to Consult,

Plead, or concur with these who did so faithfully adhere to Our Service; and did continue in, or early return to their Station; and as further Evidences of Our Royal Favour, We do Ordain, That the three Clerks of Session, who do expede your Decreets, shall be nominate by the Senators of Our Coledge of Iu∣stice, in all time coming; and that they be subject to their Sensare, and that the Clerk of Register give them Deputations from time to time: and in case of Vaiking of the Clerk of Registers Off••••••, We do Authorize the saids Clerks of Session, to Act by your Warrand, as they shall be Ordered by you, without pre∣judice, to the Clerk of Register, of all other Benefite, and Emolument belonging ••o, or depending upon that Office. And it is Our further Pleasure, that in all time coming, there be only three ordinarie Clerks of Session, besides the Clerk of the Bills, according to the ancient Constitution, and that of the number that now serve you, make choice of three that shall still serve; and that you modifie such Satis∣faction, to be payed by those that remain, to those that are to go out, as you shall find just and reasonable; and so We bid you Farewel.

Given at Our Court at Whitehall, the twenty fourth day of May, One thousand six hundred seventy and six. And of Our Reign, the twenty eight year.

Subscribed thus, by His Majesties Command, LAUDERDAIL.

ACT concerning the Registers. Iuly 4. 1676.

THE Lords having considered His Majesties Letter, direct to them, bearing, that whereas by His Majesties advancing Sir Archibald Primerose of Caringtoun, late Clerk Register, to the Office of Iustice-General, the Office of Clerk Register is now Vacant; and seing His Majesty hath thought it necessar for the advantage of His Service, and for the good of His Subjects, that the hail publick Records of this Kingdom, which are, and were in the Possession and Custody of the late Clerk Re∣gister, or his Deputs and Servants, be put and keeped in good Order: Therefore His Majesty, impowers and authorizes the saids Lords, to take special care, and see that the same be effectually done; and to that effect, that they appoint some of their number, to take inspection there∣of: and by themselves, and such as they shall imploy under them, to put, and continue them in good Order. And His Majesty authorizes the saids Lords, and those of their number, appointed by them, to receive the hail publick Registers and Records from the late Clerk Register, upon such ac∣count and Inventar, as they should find just, safe and secure: and which being effectually gone about, and done, that they render to His Majesty, or to His Secretary, for His Majesties perusal, a full and exact account of their diligence therein, to the end, His Majesty may thereafter, declare His further Pleasure; and for effectuating hereof, that the Lords in His Ma∣jestie's Name, and by His Authority, Require the late Clerk Register and his Deputs and Servants, to exhibite and produce the saids hail Records to them, or those appointed by them, immediatly after receipt of His Ma∣jesties Letter. The saids Lords in pursuance of His Majestie's Command, do nominat and appoint the Lords Thesaurer Depute, Collingtoun, Reid∣foord and Newtoun, or any two of them, to meet at such times as they

shall think convenient, and to take inspection of the hail publick Records of the Kingdom, which are, or were in the Possession and Custody of the Lord Caringtoun, late Clerk Register, or his Deputs and Servants, and by themselves, or such as they shall imploy under them, to put, and conti∣nue the same in good Order; and authorize the Lords above-named, to receive the saids hail publick Records from the Lord Caringtoun, upon suf∣ficient Account and Inventar: and to that effect, the Lords in His Maje∣sties Name, and by His Authority, do Require the Lord Caringtoun and his Deputs and Servants, to exhibite and produce the saids hail publick Records, to the Lords above-named, or any two of them, whem they shall desire the same; and allows the said Lord Caringtoun, or any Person whom he shall authorize to be present at the Inventaring of the saids Regi∣sters, to the end, obedience may be given to His Majestie's Letter in all points.

ACT for Inventaring the Registers Books. Iuly 13. 1676.

THE which day, the Lord Thesaurer Depute, Collingtoun, Reid∣foord and Newtoun, made report to the Lords, that conform to the Warrand given to them, they had met with the Lord Caringtoun, late Clerk Register, and had delivered to him the Ordinance, past by the Lords upon His Majestie's Letters, concerning the Registers, and had taken a view of the hail Records in his Custody, in the Parliament-House, and in the Castle of Edinburgh; and that the Lord Caringtoun declared•• he would deliver the same, either upon Inventar, or in bulk without In∣ventary upon oath, that he has Abstracted none of them, as the Lords should think fit to order, he being exonered of the saids Registers: but they found the Warrans to be so many, and not in order that it would take a long time to Inventar them; which report being considered by the Lords, they in pursuance of His Majesties Commands, do ordain the whole Register Books, which are in the said Lord Caringtoun's Custody, to be presently Inventared by Iohn Anderson Writer in Edinburgh, and any others who shall be appointed by the Lords above-named, who shall give their oaths, that they shall faithfully discharge this Trust, according to such Directions as they shall receive from these appointed by the Lords: and ordain the Inventary to bear, What each Book contains in general, at what time it•• begins, and when the same ends, and if there be any blanks in, the Books, that the same be marked in the Inventary: And ordains the said Lord Caringtoun, to give the said Iohn Anderson, or any others to be ap∣pointed by the saids, Lords, access to the saids Registers, to the effect fore∣said, and allows him, or any he shall appoint, to be present at the said Inventaring: and after the said Inventar shall be made, the Lords do impower those of their number above-named, or any two of them, to to take the oath of the Lord Caringtoun, if he hath any more Register Books, Records, or Warrants, then are in the Rooms in the Parliament-House, and Castle of Edinburgh, whereof he is to deliver the Keys, and if he abstracted, or embazeled any of them, or if they be all intire, as he re∣ceived them, or as they came at any time thereafter to his hands. And likewise ordain any of his Servants, intrusted with the keeping of the saids Registers, to be examined upon oath thereanent: and thereafter ordain the Lord Caringtoun, to deliver the Keys of the Rooms, or Presses where the saids Registers and Warrands are, to these of their number, appointed

to receive the samine: Which Inventary being made, and the Lord Ca∣ringtoun giving his oath, and delivering the Keys•• as said is: the Lords or∣dains the said Lord Caringtoun to be Exonered, and Discharged of the saids Records, and of his Trust in keeping of the same; and ordain an Act of Exoneration to be extended thereupon, in his Favours.

The Lords do ordain the Inventar of the Register Books, to be set down in order in time coming, and according to the several matters con∣tained therein. First, of the Records, of Parliament. Secondly of the Re∣cords of Council. Thirdly, the Registers of Session: and amongst them of Registrate Writs a-part, of Decreets and Acts a-part, and of Books of Sederunt. Next to these, the Registers of Exchequer. Then the Registers of the Chancellory. And thereafter, the Registers of Seasins, both the ge∣neral Registers at Edinburgh, and the special Registers of the Shires. And in all, to keep the order of time.

As for the Warrands of the Registers of Session, since the year 1660. they are yet in the hands of the Clerks of Session. And the former War∣rands being in great Masses, without any Order; the Lords do appoint, that the said Masses be sorted, putting the Registrat Writs together, and the Processes together; and that the number of them both be taken and set down, that thereafter they may be also digested, according to the Order of time.

It is appointed, that so soon as the Inventary shall be perfected, it shall be insert in the Books of Sederunt.

ACT anent the manner of Booking Decreets of Registration. November 21. 1676.

THE Lords considering that where Registrations are persued by by way of Action, it is, and hath been the custom of the Clerks, to keep in their hands, the principal Writes, decerned to be Re∣gistrate in the same manner as they do, where Writs are Registrat upon the Parties consent. Therefore the Lords ordain, that these Decreets of Registration be Booked together, with Bonds, Contracts, and other Writes, which are Registrat upon the Parties consent, according to the date thereof; and that the Process be keeped with the Warrants of the Regi∣strat Writes.

ACT anent the Registers of Seasins and Hornings in the several Shires. Ianuary 4. 1677.

THE Lords considering, that by the Act of Parliament, in Anno 1672. Concerning the Regulation of Judicatories; the Keepers of the Registers of Hornings, and Inhibitions, and Seasins, and Rever∣sions in the several Shires, are ordained to make exact Minut-books, relating to these Registers, in manner prescribed in that Act: and the She∣riff, Bailzie of the Regality, or Royalty, or their Deputs, with two Ju∣stices of Peace, if they be present, are appointed at the times expressed in the said Act, to take inspection of the saids Registers, and the Minut-books relating thereto, and after Collationing thereof, to Subscribe the Minut-book,

under the Penalty of an hundred Pounds Scots, for ilk Failzie, in not meeting, and comparing the saids Registers. And the saids Lords to whom the care of seeing the Premisses done, is committed by the said Act, having by Missive Letters, of the 31. of Iuly last, direct to the several She∣riffs of this Kingdom, required them by themselves, or their Deputs, to go about the performance of what is enjoyned to them by the foresaid Act, and to return a satisfactory account of their diligence, the first day of November thereafter, now by-past: certifying them if they failed, they would be charged with Letters of Horning, for the Penalties contained in the said Act: and seeing the Sheriffs of the Shires after-mentioned, and their De∣puts, viz. of Argile Renfrew, Wigtoun, Bute, Peebles, Sel••irk, Perth, Kin∣cardin, Aberdene, Nairn, Sutherland, Caithness, Berwick, ••or••ar and Inver∣ness, The Stewart of Kirkcudburgh, and the Stewart of Orkney, have not re∣turned report to the saids Lords, of their diligence in the Premisses: there∣fore the Lords do ordain Letters of Horning to be direct against the saids Sheriffs and Stewarts, and their Deputs, Charging them to meet, and to compare the Registers of Hornings, Inhibitions, Seasins and Reversions, in their respective Shires, with the Minut-books relating thereto; and after Collationing of the same, to Subscribe the Minut-books, conform to the said Act of Parliament, and to make report of their diligence therein to the saids Lords, betwixt and the twenty day of February next: and likewise Charging them to make payment to Sir William Sharp, His Majesties Cash∣keeper, of the Penalties already incurred by them, viz. an hundred Pounds Scots, for ilk by-gone Failzie, in not meeting and comparing the saids Re∣gisters, at the times exprest in the said Act of Parliament, and that with∣in the space of fifteen dayes after the Charge, as to such of the saids Sheriffs and their Deputs, who reside upon this side of the River of Spey: and upon twenty one dayes, as to those who reside benorth Spey.

ACT concerning Arrestments. February 1. 1677.

THE Lords considering the great prejudice to Creditors, and delay of Justice, occasioned by Arrestments, proceeding upon Decreets, which are not ordinarly loused, whereupon Debitors do procure delay of the Decreets at the instance of their Creditors against them, before the same be extracted, whereby lawful Creditors are hindered in re∣covering their j••st Debts, until a several Process of double Poinding, cal∣ling the Creditors and Arresters to dispute their Rights, be raised and de∣termined; which, if they should come in as distinct Processes, by the course of the Roll, would take a long time, during which, the principal Cause behoved to ••ist. For remeid whereof, the saids Lords do declare, that they will receive all double Poindings, for purging of Arrestments, as in∣cident Processes with the principal Cause, without any new Inrolment; and do further declare; that if the Arrester proceed not in Diligence, by an Action for making forthcoming, whereby his Debitor may be Certiorat of the Arrestment, and may raise double Poinding in the name of his Cre∣ditor, in whose hands the Arrestment is made, that they will grant no de∣lay, upon pretence of such Arrestments, albeit upon Decreets: But that the same shall be purged by Caution, to be found by the Creditor to warrand the Debitor, at the hands of the Arrester, and that upon pretence of the Caution found, they will not grant Suspension, except upon Con∣signation, after Distress by Decreet. Likeas, the saids Lords do declare,

that they will grant no Suspension upon Arrestments, laid on after extracting of Decreets; whether upon Decreets or Dependences, but by way of double Poinding; that thereupon both the Creditor and Arrester may be called.

ACT concerning Advocats. Iune 7. 1677.

THE Lords having called in the whole Advocats, did intimate to them, that whereas His Majesty had by a Letter, of the 24. of May, 1676. required the saids Lords to prevent and punish all Combinations and unwarrantable Correspondences amongst Advo∣cats, whereby they may forbear, or refuse to Consult or Concur with these who did faithfully adhere to his Majestie's Service, and did continue in, or early return to their Station. Which Letter, immediatly after re∣ceipt thereof, was publickly read before the whole Advocats, notwithstan∣ding whereof, some Advocats do refuse, or forbear to meet with others of the same Station, and jointly Consult their Clients Causes: which being contrair to the Custom, always formerly observed, and very inconvenient and prejudicial to the Leidges, who are thereby put to Consult their Ad∣vocats severally, and have not the benefit of their joint Advice, as to the matter and manner of carrying on their Causes, whereof the Lords have seen instances in their own presence, by some Advocats, their difiering and disclaiming the alleadgences proponed by others for the same Party: For remeid whereof, the Lords declare, that if any Advocat in time coming, upon the account of Personal prejudice, or any other pretence, shall re••use or forbear to Consult or Concur in the capacity of an Advocat, with any others, whom the Lords do, or shall authorize to be Advocats, that they shall be removed from their Imployments.

ACT concerning the sisting of Execution upon Bills of Suspension. Iuly 3. 1677.

THE which day, the Lords considering that sometimes after Bills of Suspension are past, the same are not exped at the Signet, through the Parties fault, in not finding Caution, or other neglect; and that Bills of Suspension are frequently by Deliverance of the Or∣pinary, appointed to be seen by the Charger, or his Procurators, and in the mean time, Execution stopped at the Chargers Instance, indefinitly, not limiting the same to a certain day. And seeing some Question may arise, if in these Cases Execution should be sisted, and during what time? For clearing whereof, the Lords declare, that where a Bill of Suspension is past and intimat, or shown to the Charger, or to the Messenger, the time of the Execution, but not expede at the Signet: That Execution is only to sist for the space of fourteen dayes after the Date of the Delive∣rance passing the Bill, unless the Ordinary upon further consideration, by a Signature upon the Bill, Subscribed by him, discharge the expeding of the Bill, untill a further day, or allow the Suspender a longer time for expeding thereof providing the same exceed not a Month from the Date of the Deliverance of the Bill, passing the same. After ela••sing whereof of, the Lords declare, that the Charger may proceed to further Executi∣on, notwithstanding of the foresaid past Bill. And if the Ordinary express no day, but stop Execution indefinitly: The Lords declare that the stop

shall continue only for the space of fourteen dayes from the Date of the Deliverance as aforesaid: but prejudice alwayes of Deliverances given by the Lords in presentia, upon Petitions, ordaining the Reasons of Suspen∣sion to be Discust summarly upon the Bill: and in the mean time, dis∣charging execution. In which case Execution is to sist, untill the Cause be Discust, or the Stop be taken off by the Lords. And the saids Lords prohibite the Clerk of the Bills to write any Date upon the De∣liverance of a Bill of Suspension, but in presence of the Ordinary, and that it be the true Date, wherein the same is Subscribed.

ACT concerning the Suspensions of Protestations. Iuly 10. 1677.

THE Lords considering that the Act of Parliament doth appoint, that where a Protestation is Suspended, the Deliverance of the Bill should mention, that it is the second Suspension, and so forth of all the Suspensions obtained thereafter, that the same is the third or fourth Suspension: Yet notwithstanding by the Fault, or Inadvertency of the Clerk of the Bills, the same is not observed: Therefore the Lords declare, that where there is a Suspension past of a Protestation, if the Deliverance of the Bill do not bear, that the same is the second Suspensi∣on, and so forth of any subsequent Suspensions, that they will recal the Sus∣pension, albeit the same be exped at the Signet, as being contrair to the Act of Parliament.

ACT against Sollicitations. November 6. 1677.

THE Lords taking to their serious consideration, that by several Acts of Sederunt, The Lords have formerly prohibited all Sollicitations, in Causes depending before them, whereby Parties did endeavour and expect favour, by the Credit, and Moyon of themselves, or their friends interposing with the Lords, and Personal respects, not relating to the Cause, to the great discouragement of others, who had not the like friendship, or moyon, and to the great trouble of all, conceiving it their interest, and that it might be looked on as a slight, or neglect, if they did not upon all occasions by themselves, or their friends Sollicit the whole Lords, at their Houses lying scattered through the several places of the Ci∣ty, imagining thereby, to have much promoted their interest, and payed respect to the Lords, who have no regard to, but are troubled with such Sollicitations; it being their duty, and design to do Justice to all imparti∣ally, without respect of Persons: Notwithstanding of which Acts, and en∣deavours of the Lords against Sollicitations, the same have been revived up∣on pretence of giving Information in the Cause: but now seing written In∣formations are become ordinary; and that all that ought to be represented to the Lords in any Case, may easily without trouble be done, by writ∣ten Informations sent to the Lords by a servant, which they will heartily accept, and will not fail to peruse; and finding it unfeasible to hinder Solli∣citations so long as they admit of Verbal Information. Therefore the Lords do declare, that they will admit of no Sollicitation, or Verbal Infor∣mation, in any Cause depending, or that shall depend before them, du∣ring the Dependence thereof either by the Parties themselves, or by any other Person. And to the end, the same may be effectual against all impor∣tunity.

The saids Lords do Enact and Declare, That it shall be a relevant Reason of Declinator against any of the saids Lords Ordinary, or Extraor∣dinary, that they have received or heard any Sollicitation, or Verbal In∣formation in the Cause, during the Dependence thereof. But upon the first observing, that the matter offered to be spoken to them, did bear, or import any Sollicitation, or Verbal Information, in a Cause depending, if they did not use all the means they could to stop, or withdraw to hear any further thereof. Or in case any Sollicitation, or Information, in a Cause depending, be offered by a Missive-letter, if they do not present the same to the Lords. Likeas, the saids Lords do strictly Prohibite all Advocats, Clerks, Writers and others, depending upon the Colledge of Justice, or their Servants, to offer to any of the Lords, any Sollicitation or Informa∣tion, by Word or Letter, but only by Written Informations Bills or Tic∣kets, for calling, under the pain of Deprivation, and being secluded from the House, excepting the Clerk of the Process, for clearing any Interlocu∣tor, or Minute in the Cause. Likeas, the saids Lords do declare, That if any Party, or others of the Leidges, offer any Sollicitation or Informati∣on, by Word or Missive, that they will Ammerciat them as follows, viz. Every Nobleman in three hundred merks Scots Money: Every Baron, or Knight, in two hundred merks: Every other Heretor, Gentleman, or Chief Burgesse, in one hundred Pounds: And every other Person in one hundred merks, toties quoties, to be applyed for the use of the Poor. It is alwayes hereby declared, That the Verbal Information of any Party, or other Person for him, when required or allowed Judicially, or before Au∣ditors, in Diets appointed for both Parties to be heard; or before the Or∣dinaries upon the Bills, in relation to the passing of Bills of Suspension or Advocation; or before any of the Lords, to whom, either by consent of Parties, or by appointment, or Recommendation of the Lords, an Ac∣commodation in any Process is referred, is no wayes hereby Prohibited. And to the effect, the Leidges may be secured against any prejudice which they may apprehend, by debarring them from Sollicitation, or Verbal Informa∣tion, the Lords do declare, that there shall be free access for all Persons to Inform them by Written Informations, only to be delivered by Servants, and that in all Cases, from time to time; and for the more sure delivery of Informations, they ordain, that every one of the Lords shall have a Servant attending in his House, from•• five a Clock, to eight a Clock at night, who shall be holden to receive any Informations, doubles of Bills, or Tickets for Calling, that shall be given in without payment of any Money, under such pain or punishment as the Lords shall think fit: And which Informations, Bills, or Tickets, shall be delivered by the Servants of Advocats, or of the Parties, and by none others. And Ordain this Act to be affixed on the Wall of the Outter-House. And to be Printed, that none may pretend igno∣rance thereof.

ACT concerning Bills relating to concluded Causes: November 9. 1677.

THE Lords considering, that sometimes after concluded Causes are Advised, and Sentences pronounced therein, Parties endeavour to delay the Extracting thereof for a considerable time, and then do offer Petitions for alteration of the Decreet, whereby the Process not being recent in the Memory of the Lords, they are put of new to pe∣ruse the Process and Probation. For remeid•• whereof, the Lords Declare,

that in timecoming, they will not receive any Petitions, in relation to the Stop∣ping or altering of any Decreet or Interlocutor pronouncing, upon Ad∣vising of concluded Causes, unless the Petition be given in within the space of two Sederunt dayes, after pronouncing of the Decreet or In∣terlocutor.

Suspensions of the Excise to be past only in presentia. December 6. 1677.

THE which day, the Lords Ordained that no Suspension shall be past of any Charges given for His Majesties Annuity or Excise, except in presence of the whole Lords.

Warrant anent Precepts, for giving Seasine upon Retours. February 15. 1678.

THE which day, the Lords Ordained, that Bills craving Warrant to the Director of the Chancellory, to direct Precepts to a Sheriff in that part to grant Infeftement upon Retours, in respect of the Sheriffs refusal, to In¦feft the Party; shall not be past in time coming, by the Ordinary upon the Bills, but the same shall be past by the whole Lords in presentia; and the Lords discharge the Director of the Chancellory, to direct, or give out any Precepts to Sheriffs in that part, for granting Infeftment upon Retours, unless the Warrant be past in presentia, as said is.

ACT in Favours of the Lord Register. February 22. 1678.

THE which day, the Lords considering, that the Kings Majesty hath nominated and appointed Sir Thomas Murray of Glendook, one of their number, to be Clerk of Register, with power to him to receive all the Profites of the Office, since the advancement of Sir Archibald Prime∣rose to be Justice-General: and he being accordingly admitted to the said Office. Therefore the Lords do grant Warrant to the Lords, Newtoun and Hercus, to take the Oaths of these Persons, who by their Warrant, were intrusted with the keeping of the publick Registers, which were in the Custody of the late Clerk of Register, if they have abstracted or imbazel∣ed any of the said Register Books, or Warrants, or if they be all intire and in the same order as they are set down in the Inventar, insert in the Books of Sederunt. And ordain the Keys of the Rooms, wherein these Registers are, viz. that below the Parliament-House, and of the Chamber in the Castle of Edinburgh, to be delivered to the said Lord Register. And grants Warrant and Order to Mr. Alexander Gibson, one of the Clerks of Session, to make Compt and Payment to the said Lord Register, of the Dues of the Clerk of Registers Office, which he has intrometted with, by Warrand of the Lords: and declare, that this Act, with the said Lord Re∣gister his receipt, shall be a sufficient Exoneration to the said Mr. Alexander Gibson thereof.

ACT Discharging Clerks to lend out Processes to any, except Ad∣vocats and their Servants. February 26. 1678.

THE Lords considering the abuse committed by giving out of Pro∣cesses, to some Persons attending the House, and pretending to Ne∣gotiat in, and mannage Processes, who are neither Advocats, nor Servants to Advocats. For remeid whereof, the saids Lords Discharge the Clerks of Ses∣sion, and their Servants, to give up, or lend out to any Persons, any Processes or Writes, produced therein, except only to Advocats and their known Servants. And the Lords Declare, that each Advocat shall be allowed to have one Servant; and if any shall desire to have more Ser∣vants allowed to them then one, appoint them to represent the same to the Lords, and they will take it unto their Consideration.

ACT prohibiting the Clerks to give up Bills relating to Processes, whereupon there is any Deliverance of the Lords. Iuly 23. 1678.

THE which day, the Lords did Discharge the Clerks to give up to Par∣ties, any Bills or Petitions, whereupon there are Deliverances, relate∣ing to Interlocutors or Decreets in Processes, except where the same are appointed to be seen and Answered. And appoint the Clerks to keep the foresaid principal Petitions, bearing, Deliverances of the Lords, and to give out to parties only doubles thereof.

ACT Discharging Advocats, and Writers Servants, to Write their Masters Subscription. Iuly last, 1678.

THE which day, the Lords Considering, that there is a corrupt Cu∣stom, lately crept in of Advocats, and Writers Servants, adhibiting their Masters Subscriptions, to Petitions and Bills given in to the Lords which is not to be endured. Therefore the Lords declare, that if in time coming, the Servant of any Advocat shall presume to Adhibite and Write his Masters Subscription to a Petition, or to the out-giving, or return of a Process; or if the Servant of any Writer to the Signet, shall Adhibite his Masters Subscription to a Bill of Suspension, or other Bill used to be drawn by Writers, that they will proceed against, and punish these Persons as falsa∣ries and forgers of Writes.

ACT Ordaining Hornings and Inhibitions to be Booked, which were not Booked the time of the Vsurpers. Ianuary 3. 1679.

THE which day, the Lord Register, Newtoun and Hercus did make Report to the Lords, that conform to the Warrand given them, of the fourth of December last, they had considered the condition of the general Registers of Hornings and Inhibitions, and of the particular Registers there∣of in the Shire of Edinburgh during the Englishes time, and found, that during the said time, there were no Hornings Booked for the space of five years,

and three moneths, or thereby; and that no Inhibition were Booked for the space of three years and six moneths; and that they had called the Per∣sons who were intrusted in that time, as Clerks to, and Keepers of the saids Registers of Hornings and Inhibitions, and where they were dead, they called and heard their Representatives; but that one of these who had the Keeping of the saids Registers, from the 5. of Iune 1652. to the 8. of September 1654. Called Thomas Freeman, being deceased, there can be none found to represent him, which being taken in consideration by the Lords, they Ordain the Hornings and Inhibitions to be Booked for the saids years, by such Persons as the Lord Register shall appoint, and allows them for their pains, three shillings four pennies for ilk Leaf of the Book, Written in such manner as the Lord Register shall appoint, And the Lords Ordain the same to be payed by the Persons who enjoyed and possest the said Of∣fices, and were oblieged to have Booked the same, or their Repre∣sentatives. And where they have none to Represent them by the Person who succeeded next in the said Office, and his Representatives. And Ordain Letters of Horning to be direct upon six dayes, to the effect foresaid.

Orders for payment of the Dues of the Signet, where Suspensions are appointed to be discussed upon the Bill. Ianuary 24. 1679.

THE Lords considering that they do frequently grant Warrands to the Ordinary upon the Bills, to Discuss the Reasons of Suspension upon the Bill, especially where the Charger desires the same. And seeing that Warrand or Deliverance, hath the effect of a Suspension past the Signet, the Party ingiver of the Bill of Suspension, being thereby secured against any further Personal Execution, untill the Reasons of Suspension be Discussed. It is just and reasonable in this Case, that the Dues payable for affixing the Signet, should be satisfied, as if the Suspension had been past and exped. Therefore the saids Lords do Ordain, that before the Suspenders Process be heard upon the Reasons of Suspension before the Ordinary upon the Bills, in order to the Discussing thereof, there be payed in to the Clerk of the Bills, or his Servant in that Office, the Dues payable for affixing the Signet to the Suspension, for which they are to be comptable to the Keep∣er of the Signet, under the Lord Secretary, and to make payment thereof as he shall call for the same. And appoint the Clerk of the Bills, and his Servants, to keep a Note of such Bills of Suspension, whereof the Reasons are ordained to be be Discussed on the Bills, to the effect foresaid.

ACT in Favours of Intrant Advocats. February 7. 1679.

THE Lords considering a Petition presented to them by Robert Nairn, Son to Mr. Alexander Nairn of Greenyards, mentioning, That the Peti∣tioner upon a Reference of the Lords, to the Dean of Faculty, and the Advo∣cats, Examinators for taking Tryal of his Qualifications, in order to his Ad∣mission to the Office of an Advocat, having undergone, both the privat and publick Tryal and Examination, and thereafter applyed to the Dean of Faculty, to assign him the Subject of his publick Lesson before the Lords; the same is refused, until the Petitioner make payment to the Ad∣vocats

Box, of 500. merks Scots, conform to a late Act of the Faculty, made to that purpose. And the Lords considering, that the Office and Imploy∣ment of Advocats, being a liberal profession, albeit they will not allow any sums of money to be imposed upon young men, at their Entry to the Office, and Station of Advocats, yet they recommend to them, to Con∣tribute Voluntarly, for a Library to be erected for the use of the Colledge of Justice.

ACT anent Executors Creditors. November 14. 1679.

THE Lords considering, that it is imcumbent to all Executors, by vertue of their Office, to execute the Testament of the Defunct•• by recover∣ing his Goods, and payment of the Debts owing to him, for the behove and interest of the Relict Children, or nearest of Kin, Creditors and Legatars of the Defunct. Therefore the saids Lords do Declare, that Executors decern∣ed, and Confirmed as Creditors to the Defunct, are holden as lyable to do Diligence, for recovery of the Defuncts Goods and the Debts due to him Confirmed in the Testament, or ••iked, sicklike as other Executors Dative are holden to do by the Law, and practick of this Kingdom. And to the effect, that Creditors be not unnecessarly intangled in the Execution of De∣functs Debts, beyond their own satisfaction; The Lords Declare, that Ex∣ecutors Creditors shall not be oblieged to make a total Confirmation; but only of so much as they shall think fit, that there may be place for an Executor, ad ommissa, for the rest, who shall be lyable to all Parties hav∣ing Interest in the same way as principal Executors. It is also Declared, that Executors Creditors, shall have license to pursue, if they will make Faith, that they are doubtful of the Validity, Existence, or Probation of the Debts of the Defunct, for which they desire license; the same being returned to the Commissars within such competent time, as they shall ap∣point, and upon Caution to Confirm as hath been granted in the Case of Licenses formerly.

ACT anent the Registration of Hornings. November 19. 1679.

FOrasmuch; as all Letters of Horning are to be Registrate, either in the Registers of the Shire, where the Denounced Person dwells, or in the general Register of Hornings, keeped at Edinburgh: and the She∣riffs, Clerks, and Keepers of these Registers in the Shires, are by special Act of Parliament, appointed to bring in those Registers, to be marked by the Clerk of Register: and when they mark the Registration of any Horn∣ing upon the Letters, they should also insert therein the number of the leaves of the Register wherein the same is Registrate. Which Order is re∣newed by Act of Regulation, in Anno 1672. And the due observance hereof being of great Importance, for the Benefite and Security of the Leidges. Therefore the Lords do accordingly Ordain, all Sheriff Clerks, to bring in their Registers of Horning, to be marked by the Clerk of Re∣gister; and that in every Horning to be Registrate by them, they insert at the marking thereof, the particular leaf of the Register, wherein they are Registrate: and that the Sheriff•• Clerk take in no Hornings to be Regi∣strate in their Books, but against Persons dwelling within their Shire. And the Lords recommend to the Lord Register, to take special care of the ex∣act

observance hereof: And also Ordain the Clerk of the Bills, not to re∣ceive any Bill of Caption or others, upon any Horning not Registrate and marked in manner foresaid: And Ordain Letters of Horning, to be direct hereupon, upon a Charge of fifteen dayes.

ACT against Sollicitation. December 24. 1679.

THE which day, the Lords considering, that notwithstanding of the Act made against Sollicitation and verbal Information, dated the sixth day of November 1677. years. Yet some Persons are so bold, as to venture to Sollicite the Lords in their Actions. And it being the Reso∣lution of the saids Lords, that so laudable and necessary an Act be made effe∣ctual. Therefore they declare, that in any Process now depending or which shall hereafter be intented before them, when the same comes to be advised, they will purge themselves concerning their receiving any Solli∣citation, or Verbal Information in the Cause, if it shall either be desired by the Partis, or moved by any of their own number. And that they will de∣late the Persons, who do Sollicite, or Verbally inform them, that they may be punished therefore conform to the said Act.

ACT anent the taking of Renunciations from Persons Inhibited. February 19. 1680.

THE Lords considering, That it hath been the ordinary Custom of Debitors, to make payment of sums due upon Wodset, or Anual∣rent by Infeftment, and to accept Renunciations, or grants of Re∣demption from the Wodsetter, or Annualrenter; albeit the Credtor had been Inhibit before payment: which being made bona fide the Debitors conceived themselves secure, and that they needed not search Registers, to find Inhibitions against the Wodsetters, or Annualrenters. Which hath tend∣ed much to the detriment of Creditors, seing such Sums secured by Infeft∣ment were not arrestable. For remeid whereof, the saids Lords declare that if the user of an Inhibition upon search of the Registers, or otherway shall find Infeftments of Annualrents, or upon Wodsets, in favours of their Debitor, being Inhibit, and shall make intimation, by Instrument of an-Nottar, to the Persons who have Right to the Reversion of the saids Wod∣sets, or Annualrents, that the Wodsetter or Annualrenter stands Inhibit, at their instance; and shall produce in presence of the Partie, and Nottar the Inhibition duely Registrat. Then, and in that Case, the Lords will not sustain Renunciations, or grants of Redemption, although upon true payment, not being made bona fide in respect of the Intimation, unless the Redemption prcceed by way of action; the Inhibiter being always Cited thereto, or by Suspension of double Poynding, upon consignation of the sums, whereupon the Annualrent, or Wodset is Redeemable. And or∣dain this Act to be Printed and afixed upon the Wall of the Utter-house, that the same may be known to all the Lelges.

ACT against Petitions for alteration of Acts Extracted. February 24. 1680.

THE which day, the Lords considering, That some times, after Acts of Litis contestation are Extracted, Petitions are given in to them by one of the Parties, craving the Act to be altered, wherein there may be prejudice to the other Partie concerned; not being present, nor at that time obliged to be present: conceiving himself in tuto, after Extract∣ing of the Act. For remeid whereof, the Lords declares, that in time com∣ing, they will receive no Bills, or Supplications for alteration of Acts after the Acts are warantably Extracted, seing both Parties, or either of them may have a sight, or Scroll of the Act before Extracting, if they desire the same. And likewise, because sometimes Bills are given in for adducing of Witnesses, which have not been contained in the first Diligence, but are alleadged to have come to Knowledge since the first Diligence was taken out; or after tak∣ing out of the second Diligence, whereby Witnesses come to be Examin∣ed, when the other Partie is not present, nor obleiged to attend, that they may either object against the hability of the Witnesses, or propone Interro∣gators to them. Therefore the Lords do declare, that in case upon any special∣lity, they do give warrant to Examine any Witnesses, not contained in the first and second Diligence; that they will only admit the saids Wit∣nesses to be examined at the first and second Terms of Probation, when both Parties are obliedged to attend.

His Majesties Letter in favours of the Lord Register anent the nomination of the Clerks of Session. Iune 8. 1680.

CHARLES R.

RIght Trusty, and well beloved Councellours, and Trusty, and well beloved, We Greet you well: Whereas, by Our Letter to you, of the 24. of May, 1676. We did Ordain, That the three Clerks of the Session, who do Expede your Decre••ts, shall be Nominated by the Senators of Our Colledge of Iustice, in all time coming. And that the Clerk of Register give them Deputations from time to time; without prejudice to the Clerk of Register, of all other Benefit and Emolument belonging to, or depending upon that Office. And seing the Office of Clerk of Register was then Vacant, and that the No∣mination of the Clerks of Session was always Inherent in, and Depending up∣on the office of Clerk of Register. And that since We have advanced Sir Thomas Murray of Glendook one of your number, to the said Place: And being well satisfied with the good Service done by him to Vs, in the late Convention of Estates, and upon several other occasions. Therefore, as a Mark of our Royal favour to him, We do by these presents, Recall our said Letter, anent the No∣mination of the Clerks of Session; and do Impower, Authorize and Appoint the the said Sir Thomas Murray, during his enjoyment of the said Office of our Clerk of Register, Solely to nominate, and appoint the Clerks of Session. So that upon Death, Demission, and Vacancy of any of the Clerks of Session, the said Sir Thomas Murray is to grant Deputations, to such Persons as he shall think fit, and that during their Lifetime; and shall as absolutely amply, and freely

use, and exerce the said Office of Clerk of Register as any other Clerk of Register formerly did, or might do, declaring the same to be as Effectuall to the said Sir Thomas Murray, as to his sole Nomination of the Clerks of Session, as if it had been contained in his Gift, of the Office of Clerk of Register. And or∣daining these Presents to be Recorded in your Books of Sederunt. And so We bid you heartily Farewell.

Given at Our Court at Whitehall, the twelfth day of November, One thou∣sand six hundred seventy and nine. And of Our Reign, the thirty one year.

Sic subscribitur. By His Majesties Command, LAUDERDAIL.

ACT concerning Nottars. Iuly 29. 1680.

THE Lords considering, That by Acts of Parliament, it is Statute and Ordained; That Nottars be sufficiently Qualified for exercing that Office, after examination by the Lords of Session; that sufficient Caution be found, for their due Administration of their Office: and in case the Caution be not sufficient, that new and better Caution be found: and after the Decease of the Nottars, their Protocalls are Ordained to be brought in to the Clerk of Register, or his Deputs, appointed by him to that effect, who is impowred to Revise the Protocalls of all Nottars, and con∣sider in what Condition they are. And albeit the due observance of these Acts of Parliament, be a publick Concern, as to the interest, and security of the whole Leiges; Yet the saids Lords understanding, that by reason of the late Troubles, and the Confusions ensuing thereupon. Especially during the time of the Usurpers, these Acts have been neglected to be put in Executi∣on: In so far, as many Nottars are Deceased, whose Protocals are not return∣ed to the Clerk of Register, or his Deputes; but do remain in the hands of their Relicts, and Children, which occasions divers inconveniencies, and divers of their Protocalls are upon perusal, found to be Defective, and Unformal: and some of their Cautioners are not sufficient. Likeas, divers Persons pretending to have been admitted under the Usurpers, do pre∣sume to Officiat as Nottars, albeit they be not lawfully Authorized so to do. For redresse of which abuses and disorders, The Lords do Ordain Let∣ters to be direct at the Instance of the Clerk of Register, or his Deput, Clerk to the admission of Nottars, for charging the Relict, and Executors of such Persons as are Decea••ed, and their Cautioners, to bring in, and deliver to them the Protocall Books of the saids Nottars, conform to the Act of Parliament, and their Respective Acts of Admission. And also Or∣dains General Letters to be Direct, at the Instance of the Clerk of Regi∣ster or his said Deput; for charging such Nottars, as they are informed to have Protocalls Detective, or Informal, to produce their Protocalls before the said Deput, at the head Burgh of the Shire, where the Nottar does Reside; and where the Cautioners found for any Nottar is insufficient, to charge that Nottar to find new, and more sufficient Caution. And Ordain these General Letters to be Execute upon six days, and that against such Par∣ticular Persons, only as shall be given in a List, under the hand of the Clerk of Register. And the saids Lords do hereby prohibit, and discharge all Persons who were admitted Nottars, under the Usurpers, to Officiat as Nottars,

untill they be of new admitted. And the saids Lords considering, that it is Statute and Ordained by Acts of Parliament, and specially by the 78. Act Parliament 5. Iames 5. That all Sheriffs, Stuarts, Bailzies and others, both to B••rgh and Land shall present their Clerks in presence of the Lords of Session, to be Examined, Sworn and admitted by them: and seing the Clerks of these Courts have neglected for some time by past, ••o compear be∣fore the saids Lords, to be tryed and approven by them: and it being ne∣cessary, and the publick Interest of the Leidges, that these Acts of Parlia∣ment be punctually observed in time coming. Therefore the saids Lords do ordain and require all persons, who hereafter shall be nominate Sheriff Clerks, Clerks of S••ewartries, and Bailiries, before they enter to, and ex∣erce their Office of Clerkship, to compear before the saids Lords, that they may be tryed and approven by them, conform to the Act of Parlia∣ment, Certifying them, if they failzie therein, they shall be deprived of their Offices.

ACT concerning Bills of Suspension. November 9. 1630.

THE Lords considering, that by former Acts of Sederunt, of the 9. of February 1675. and the 3. of Iuly 1677, They did give Warrant to the Ordinary upon the Bills, to allow a sight of a Bill of Suspension, to the Charger, and to stop Execution for some time, not exceeding a Mo∣neth, declaring also, that a Bill of Suspension signed by the Ordinary, though not expeded at the Signet, should import a stop of Execution for the space of fourteen dayes, from the date it was signed, that in the mean time sufficient Caution might be found, and that the Clerk of the Bills might enquire anent the condition of the Cautioner. And now finding that abuses have crept in, stops being procured from several Ordinaries, from time to time, and that when the first fourteen dayes after, a signed Bill were elapsed, a new one was presented and past, which stopped Execution for other fourteen dayes, and so might continue for a long time. Therefore the Lords do declare, that they will give no stops of Execution hereafter, up∣on Bills of Suspension, fourteen dayes from the date being a sufficient time, both for seeing and expeding the Bill. And Declares all other stops to be void, except where Causes are ordained by the Lords, to be Discust upon Bills; and ordains the Clerk of the Bills to make a Minut-book, both of past and refused Bills, by the Alphabetick Order of the Parties sirnames, which he is to make patent to any Charger that shall desire to see the same, gratis, and discharges him to present any new Bills in that Cause except to the whole Lords in time of Session, or to three Lords in time of Va∣cance, as he will be answerable at his peril; and because Parties, or their Pro∣curators, are accustomed to procure Suspensions, upon pretence, that the Copy of the Charge given by the Messenger is general, or unformal; and for ver∣rifying thereof, do produce forged Copies, and sometime forged Writes, for instructing Reasons of Suspension, founded thereupon, never intending to make use of the same; and therefore do suffer Protestations to pass. For remeid whereof, the Lords do declare, that if the Charger shall pro∣duce such a Suspension, or a duplicat thereof, under the hand of the Keeper of the Signet, that in that case, the Lords, besides the ordi∣nary expenses of Protestation, will modifie large Expenses to the Char∣ger, for his delay; and in case Protestation shall not be admitted but

the Suspension shal come to be Discust: and at the Discussing the Charge, or other Writes mentioned in the Reason of Suspension, be not produced: The Lords Declares, they will hold these Writes false and sorged, and mo∣difie large Expenses to the Charger, but pr••judice to insist against the for∣ger of the saids Copies or Writes; and ordain a Copy of this Act, and of the other two Acts above-mentioned, to be affixed upon the Wall of the Outter-House, and Copies thereof to be delivered to the Clerk of the Bills, to remain affixed on the Wall of the Bill-Chamber, that he may exactly ob∣serve the same.

ACT anent the marking of Advocats Compearance for Defenders. November 25. 1680.

THE Lords declares, that in time coming, where several Defenders are conveened in one Summonds; and that at the calling thereof by the Clerk, an Advocat shall be marked, compearing indefinitly for the Defenders, and who shall likewise return the Process: that Advocat shall be holden compearing for all the Defenders, unless by the return up∣on the Process, he qualifie his Compearance, and express, for which of the Defenders he compears, and for which of them he doth not compear.

ACT in favours of the Macers. February 15. 1681.

THE which day, there being a Petition given in to the Lords, by their four ordinary Macers, representing, that where the Lords are in use upon application of Parties to grant Commissions for taking the Oaths of Parties, and the Depositions of Witnesses in Causes, where it ap∣pears by Testificats produced, that the Parties or Witnesses, are through age and infirmity, unable to travel. And sometimes Commissions are grant∣ted, where the persons live at a great distance, and the matter is of Small moment: By granting of which Commissions, the Petitioners are frustrate of the Dues payable to them, in case the Parties and Witnesses did come here and Depone before the Lords; and therefore craving that they might have their Dues, for Parties and Witnesses, where they are Examined by Commission: which being taken to consideration by the saids Lords, they Ordain, that in time coming, where Commissions shall be granted by the Lords, for Examining Parties or Witnesses, that the Macers shall have the half of the Dues which are payed to them, when Parties and Witnes∣ses do compear before the Lords and Depone, viz. twelve shilling scots for ilk Party to be Examined by Commission, to be payed in manner follow∣ing, viz. where a Commission is granted for taking a Parties Oath, that the Dues be payed to Francis Scot, Keeper of the Minut-book, within four∣ty eight hours after the Commission shall be put up in the Minut-book, and in case the same be not payed within that space, that the Commission shall be delet out of the Minut-book, and not Extracted until the same be put up again, and the Dues payed; and that the saids Dues for Witnesses be payed at the return of the Report and Commission, before an avisan∣dum be put up thereof in the Minut-book: And to the end, the number of the Witnesses may be known, that the Person to whom the Commis∣sion is granted, shall set down upon the back of the Commission, or Report, a list subscribed by him, of the Witnesses names: and the Clerks

are hereby Ordered, to insert in the Commission a Warrant to the Commis∣sioner to transmit that list with the Report of the Comission; and that Francis Scot attest under his hand, that payment is made to him of the saids Dues, before an avisandum be put up of the Report in the Minute-Book.

ACT anent Seasins and Reversions of Lands within Burgh. February 22. 1681.

THE Lords of Council and Session considering, that the Act of Parlia∣ment 1617. anent the Registration of Seasins and Rev••rsions of all Lands and Annualrents, there is an exception of Land and Annual∣rents lying within Burgh, and within the Burgage Lands of Royall Bur∣rows, which is supposed to have been upon account of the Books of the Town Clerks of Royal Burrows, wherein the Seasins and Reversions of such Lands might be found. Nevertheless the Lords finds, that not only Seasins within Burgh, are sometimes omitt••d, and not found insert in the Town Clerk Books: But that frequently, Reversions of Tenements and Annualrents within Burgh, and Assignations to, and Discharges of Reversions, and Bonds for granting such Reversions, are not to be found in the saids Books, to the great detriment of the Leidges, and especially of the Inhabitants of the saids Royal Burrows. For Remeid whereof, the Lords do appoint and ordain, the Magistrates of Royal Burrows, and their Successours in Office, to take good Caution and Surety of their Town Clerks, that now are, or shall be in Office, that they insert in their Books, all Seasins of Lands, Tenements, and Annualrents within their respective Burghs, or Burrow-lands; and of all Reversions, Bonds for granting Reversions, Assignations to, and Discharges of Reversions, Re∣nounciations, and grants of Redemption, of any Tenements, or Annual∣rents within their Burghs, or Burgage Lands, that shall be given at any time hereafter, within the space of threscore dayes, from the dates thereof respe∣ctive, in like manner as is prescribed by Act of Parliament, anent the Re∣gistration of Seasins, or Reversions of Lands without Burgh: and that the said Surety be under the pain of the damnage that shall befall to any Par∣ty, through the Latency of the saids Writes, which shall be past by the saids Clerks, or presented to them to be insert in their saids Books. Like∣as, the Lords ordains the saids Magistrates to insert an Act hereupon, in their Town Court Books, and to cause publish the same by Tuck of Drum, that none pretend ignorance. And further, the Lords do Declare, that if any Party shall neglect to insert their Seasins, Reversions, Bonds for grant∣ing of Reversions, Assignations to, and Discharges of Reversions, Renoun∣ciations and grants of Redemption, in manner foresaid, that the Lords will hold and repute them as latent and fraudulent Deeds, keeped up of de∣sign, to deceive and prejudge the Purchasers of Tenements and Annual∣rents within Burgh, bona fide, for just and onerous Causes; and ordains the Provost of Edinburgh, to intimate this Act to the Commissioners of the Royal Burrows, at the next Convention of Burrows, And ordains thir Presents to be Printed, and Published at the Mercat Cross of Edinburgh and other places needful.