59. Of Faires.
ITEM, As touching the complaintes maid by the Commiſſares of Burrowes of the Realme, that puir commounes ar greattumlie injured and oppreſſed be the Kingis Schireffes, Conſtables, and their Miniſters in time of Faires, takand diſtreſſes of their gudes of little quantitie quhilk they bring on their heades or their backes, or in their armes, in like maner ol Karris, Sleddes and ſmall tymmer: It is ſeen ſpeedefull, that of ſik gudes of little quantitie or price, na diſtreſſe be tane in time to come for auld uſe and cuſtome. The Schireffes ſulde have, bot the bed Oxe or Cowe or unridden Horſe, quhilkis are ſtalled and broucht to ſell. Item, of greate dalles of Merchandice, quhilkis cummis on horſe backes, or covered craimes, that occupyis the Faires, of the quhilkis they have uſe to tak their diſtreſſe for the continuation of Faires, the quhilk diſſres audit to be delivered againe to the courte of the Faire, gif the perſon lies done na default nor diſtroubling in the Faire.
60. Of the downe-laying of Conſtable fees.
ITEM, Quhair the Conſtable deputes and his Miniſters in the time of the Seſſion and Generall Councell and Parliament, takis diſtreſſes for Conſtable fees of all maner of gudes, greate and ſmall, that cummis to the mercat to ſell, baith merchandice and victual: It is ſeene ſpeedefull, that that uſe be layde doene and forbidden in time to cum: Bot gif the Conſtables feſtment beir him till it, and that they be ſchawen to the King and the three Eſtaites all in the nixt Parliament or Generall Councell. And that in the meane time the Conſtable ceaſe. For there can be no law founden according to that uſe.
FINIS.
THE FOURTENTH
PARLIAMENT
OF
KING JAMES THE SECOND,
Halden at Edinburgh, the fext dale of the Moneth of March, the zeir of God, ane thouſand, foure hundreth, fiftie ſeven zeires.
61. Quhat power the Lordes of Seſſion ſall have.
ITEM, The ſaidis Lordes of the Seſſion ſall have power to know and decide all ſpoliationes, maid fra the daie of the Coronation of our Soveraine Lorde the King, to the ſaid firſt. daie of Januar, for the ſpace of a zeir to cum. The quhilk zeire gane and out-run, all ſik ſpoliationes maid before the ſaid firſt day of Januar, ſall be decided and determined before the Judge ordinar of the Realme, the Lordes of Seſſion havand na power to knaw upon them, after the ſaide zeir be out-run. The quhilkis a&iones of ſpuilzie, conſistis in twa maners: The firſt is ſpoliation of mooveable gudes, nouther touching ſee nor heritage, the quhilk indifferenthe ſall be decided before the Lordes of Seſſion. The ſecond ſpoliation, that is to ſay, done becauſe of landes or poſſeſliones debaitable, or grounded on fee and heritage: And upon that ſpoliation, the Lordes of Seſſion ſall proceede thus: That is to ſay, quhen the partie ſpuilzied compleinzies before the Lordes of the Seſſion on ony perſon; the Lordes ſall call the Schireffe, and furthwith ſall garre reſtore the ground without prejudice of ony partie, tuitchand that ſee and heritage, and recogniſh the landes in the Kings hands. Upon the quhilk ſpoliations maid, unto the time they be louſed be the King, and the King to make inquiſition be tane be the Schiref, quha was lauchfull poſſeſſour of thay Landes. And that inquiſition to retoure againe to the King, and thereafter let them to brough to that laſt lauchfull poſſeuor of thay lands. And als the ſaidis Lordes ſall knaw upon all ſpoliationes of tackes and maillinges. And alfwa to knaw upon all obligations, contraries, and all maner of debtes, and uther civil attiones, the quhilkis conceriiisenouther ſee nor heritage. And the parties compleinzeand to have full freedome to follow their actiones bfore the ſaids Lordes or their ordinar Judge. And for till eſchew malitious vexationes of ony partie
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