headpiece containing the Royal coat of arms of the Kingdom of Scotland, flanked by unicorns 
De verborum significatione. THE EXPOSITION OF THE TERMS AND DIFFICILL WORDS, CONTAINED IN THE FOUR BUIKES OF REGIAM MAJESTATEM, and uthers, in the Acts of Parliament, Infestments, and used in practic of this Realm, with divers rules, and common places, or principals of the Laws.  
Collected and Exponed be M. JOHN SKENE, Clerk of our Sovereign Lordis Register, Council and Rolls.  
And now reprinted by His majesty's special Command.  
EDINBURGH, Printed by DAVID LINDSAY, Anno DOM. M. D.C.LXXXI.  
CVM PRIVILEGIO.   

TO THE READER.  
I Have rather opened and schawen ane occasion to the good Reader, to perform this work, then exponed, or declared the samin; being an matter notched pleasand in itself, nor treated be uthers of before: Give I have pressed to do well, or attempted that, quhilk uthers may accomplish and make perfect, the profit and commodity redounds to thee, quha at thy pleasure, may big upon this little ground and fundament. Give utherwaies be error or ignorance, I have notched satisfied thy desire and expectation, Sic erranti medicina confessio. For ane absolute memory, and perfect knowledge, in na thing erroneous, is proper to God, and not competent to man. Quhat ever I have done, I did it not to offend thee, or displease any man, but to provoke uthers to do better, always for thine awin well, be war to reprehend my do, flowand from ane benevolent, and good mind: except thou be assured to be reprehended of na man, quha cumis after thee and shall censure thy do. I am afraid of all Readers, for ilk man hes his awin Judgement and opinion, quhairof their is all's money contrarieties, as diversities of persons. Advise therefore, and or thou do any thing rashly, give thou may, transact and agree with all the posterity, that albeit thou do aswel as Homer in his Poesy: nane of them be unto thee, successor or imitator of Zoilus: so great is the variety of engines, and inclinations, that nane can be sure fra reprehension. Read therefore, and make thy profit of good things. Correct modestly all errors, quhilks are ignorant, and notched wilful. Eik all necessaries omitted. Cut away all superfluities adjected. And whatever thou do, esteem of me, as I do of thee and of all, to quhais knowledge, this my little labour shall happen to come. And swa.  
Vive, Vale: si quid novisti rectius istis,  
Candidus imperti: si non, his utere mecum.   

THE EXPOSITION Of the difficil words and terms, contained in the four Buikes of REGIAM MAJESTATEM, And uthers: In the Acts of Parliament, Infeftments, and used in the practicque of this Realm, with divers Rules, and commoun places, or principal grounds of the Laws.  

ACTILIA, 
Armour, Weapons, Harnishing, Sta. 2. Roberti bruise. c. ordinatum 27. Quhair it is statute that ilk man havand Ten pounds worth of gudes shall have for the defence of his body and Realm, ane sufficient Acton, and bassinet, 
The pain of them quha comes evil armed to the Kings hoist.  with gluises of plait, an spear, ane sword, and quha-sa-ever hes notched ane Acton, and bassinet, shall have ane sufficient habirgion, or ane Irone jack, an Knapiska of Irone, and gluifes. Swa that ilk man shall be ready cum actiliis & harnesiis suis, under the pain of escheit of all his guides, the ane half thereof to the King, and the uther half to his Master, and Lord. Acton ane aulde French word, Hocqueton, quhilk corruptly is pronounced Octon, sagum militare. Sum affirmis Acton to be an old kind hey armour, for preservation of ane man's oodie, maid of Steill or Irone, quhilk covered his head alsweil as the rest of his body: Quhairof ȝit sum are extant as old monuments in the Hielandes; Bot notched daily used, or worn. Uthers' mair probably alledgis Acton, to be ane form of armour, quhilk covers ane man's body (except his head) down to his knee, maid of Taffeta, Leather, or Linen claith, stuffed with caddes, and stiked very thick with thirded, or silk of divers colours, and partial gilt, with spranges or streams of Gold fuilȝie; And is commonly used in time of battle under the habirgeon, to save ane man's body; fra the schot of ane arrow: or fra the bruising of the straik of an sword. It is ankinde of that abvilȝement, quhilk in Latin is called vestis virgata, variis virgis seu aureis lineis distincta, & variegata, ut est illud Virgilii Aeneid. 8. Virgatis lucent sagulis.  ACTORNATUS 
Lib. 4. c. siquis defendens 46. actor, alienorum negotiorum gestor, utherwaies in the Laws of this Realm called responsalis, quha makis answer for ane uther in judgement, specially for the defender, 
Responsalis.  Lib. 1. c. Esto. 27. Lib. 3. c. Placita. 12. cum seqq. Like as Prolocutor is he quha speaks for the persewer, as his forespeaker. Lib. 1. c. consequenter 13. 
Proloqutour.  Alswa actornatus is he quha dois any thing in an uther man's name or behalf; As he quha compeiriss for an uther in Courts, or Justice air, to pass upon inqueistes; and serving of retoures, to the King's Chapel, or to give presence for him, quha sendis him. For he quha aucht baith suit, and presence in onie Court, suld notched only send an suitor to decide actions, and causes, conform to the Law, but also suld compeir personally, or send an Actornay, quhilk also he suld do, quha aucht presence allanerlie, for ather he suld compeir, or ane Actornay for him, with the seal of his Arms, the quhilk all friehalders, dwelland within the schireffdome, are oblished to do, in all Schireff courts. l. 1. p. 9 c. 130. In justice airs Actornaves, suld be honest and sufficient persons of discretion. Ja. 1. p. 3. c. 35. And Actornatus Justitiarii, is taken for the Justice depute quon. attach. c. praepositus. 61. Ass. Reg. Da. c. nullus 16. Actornay is not only the procurator quha is sent: But also the procuratory or mandat quhilk is given to him, and ȝit they are different, for an procuratory is commonly maid be ane privy man: And an Actornay called litera Actor natus, is granted be the King, or onie uther, havand Chapel Stat. Rob. 3. c. ult. generally, in omnibus negotiis, loquelis, & placitis motis, seu movendis. And therefore the Lords of Session discerned ane requisition of ane air, anent his marriage, maid be ane Actornay; to be null. Because all sike requisitiones suld be maid be the superior, or be ane procurator havand special power, to that effect.  ADJURNATUS, 
ane French word, summoned or called to ane certain day, like as Adjurnamentum is called an summons, or citatio, summonitio, Quhilk is defined, certi diei & loci exhibitio partibus, ad diem legalem, quoniam attach. c. 1. Praeceptor meus Matthaeus Wesenbecius in paratitl. Tit. de in jus vocando. Nu. 13. definite citationem. ut sit actus Judicialis, seu Judicii praeparatorius, quo is quem coram sisti opus est, Judicis mandato, legitime vocatur, Juris experiundi causa. Et assisa dicitur adjornata ad alium certum diem. That is continued to ane certain day Lib. 4. c. Si Petens. 57 & curia dicitur respectuata, That is continued or respleited. Stat. 2. Rob. Br. c. Item quaecunque. 34. Chessanaeus in consuetudine, Burgundiae Rub. 1. Sect. 6. verb. monsieurs & serients. Nu. 88 muita (inquit) sunt nomina, quae idem important, ut est citatio, in jus vocatio, monitio, edictum, denunciatio. conventio, & aliud quod in vulgar: nostro dicimus, adjurnamentum. Adjournal is the justice air, as ane act of Adjournal. so called, because it is maid in the Justice air. vid. Iter.  ADVOCATIO Ecclesiae, 
Is the riched of patronage, or the title and riched to present onie person to ane Kirk vacand, and notched havand ane lauchfull Ecclesiastical person to rule and govern the samin. Lib. 2. c. Does. 19 Lib. 3. c. sequitur 30. Dicitur autem advocatio Ecclesiae, vel quia patronus alicujus Ecclesiae, ratione sui juris, advocate se ad eandem Ecclesiam: & asserit se in eam habere jus patronatus, eamque esse quasi suae clientis loco. Vel potius cum aliquis (nempe patronus) advocate alium, jure suo, 
Avowson of Kirkes'.  ad Ecclesiam vacantem eumque loco alterius (veluti defuncti) praesentat, & quasi exhibet. In the English Laws it is called, Avowson of Kirkes'.  AFFIDATIO, 
Lib. 2. c. unde 49. In the quhilk place; Mutua affidatio, is taken for ane mutual faith, truth, and obligation of fidelity, quhilk is betwixt the wife and the husband. And sicklike it signifies the mutual league; and band of fidelity; quhilk is betwixt the over-lord, and his vassal, quha are bound and oblished hinc inde to uthers, quhilk is called mutua dominii & homagii fidelitatis connexio. lib. 2. c. mutua 68 in sick sort, that how far the vassal is bound be reason of homage to his superior: sa far the superior is oblished to his vassal, except reverence and honour allanerly; for the ane suld obey and serve his master: the uther suld entertain and defend his man. And the vassal suld honour and reverence his master as his superior: But the master suld not reverence the vassal: for like as of the Law, there is na sovereignty, nor empire amangis them that are pares; conform to the rule of the Law, par in pareni non habet imperium. Even swa, the superior is not oblished to make onie reverence to his inferior, bot suld receive honour fra him. Item Diffidatio; (h. e. inimicitiarum capitalium denunciatio, quhen ane defies an uther, 
Diffidutio.  and gives up kindness with him) is contrair to Affidatio. Baith the ane and the uther is driven a fide, vel fidelitate: or fra ane word used in the fewes. Faida, that is battle, feid; injury, hatred. 
Faida.  As we commonly say deidlie feid. And foemina dicitur faidam non facere, gl. in Sect. ult. de lege Conradi. li. 2. defend: be reason women be the Law, are notched subject to weirfair, to battle; or proclamation maid for that cause.  AMERCIAMENTUM, or FORISFACTUM 

Curiae. The un-law or amerciament of a court, for absence in lawful time, for ane fault, trespass, or any uther cause, as is manifest in the Register, in the action pursued be the Thesaurar contrar the burgh of Perth, 
The unlaw of courts.  16. Decem 1541. The un-law in the Chalmerlanis air or court, is fifty schillings: and twa schillings to the Serjandes of the burgh of ilke un-law. The unlawe before the justice on the North pairt of the water of Forth, aucht Kine, ane colpindach to the Crowner, and twa schillings to the Clerk: And in the Southside of the water of Forth, as in Louthian, & betwixt the water of Tyne, and Forth, ten pundis, and ane colpindach, or threttie pennies to the Crowner, and twa schillings to the Clerk. In the Schireffe-court, it suld notched exceed sextene schillings, and twa schillings to the Clerk, or ane colpindach, or threttie pennies. In the Barrone court the samin laws & unlawes, suld be keiped, quhilks are used in the Schireffe-court. In the court of them quha haldis of Barrones, and are called milites, their un-law is half of their superiors un-law. The un-law of them quha are called subarmigeri, is ane Kowe, ane ȝowe, or three schillings, leg. Malc. Mak. c. 4. The un-law within Burgh suld not exceed the sum of aucht schillings, leg. burg. c. forisfactum 42. The un-law of them quha compeiriss notched in Parliament, being lawfully warned thereto, is ten pounds. ja. 1. pri. julij p. 4. c, 82. & p. 5. c. 99 Quhilk is likeways the un-law of them quha compeiriss notched in general Councils, quhilk now is altered be the new act of Parliament, maid be OUR SOVEREIGN LORD King James the Sext. 29. julij. p. 11. c. 34. Quhair it is statute that every Earl shall pay three hundred pounds, ilk Lord twa hundreth pounds, Ilk Praelate ane hundreth pounds: And every Burgh ane hundreth marks, incase it shall happen onie of them to be absent fra the Parliament.   ANNEXATION, 
Ane Latin word, quhilk signifies ane fast knitting and binding, as quhen ane thing is bund or knit with ane uther and baith as it were united togidder, and incorporate in ane. As quhen any Lordships, lands, Castles, Customs, Offices, Fischinges, or uther rents are annexed to the crown, to remain perpetually theirwith quhilk is called incorporatio, quando bona aliqua, velut terrae, rediguntur in corpus fisci, cum eorum scribitur Inventarium, manu publica, continens eorum nomina & qualitates, & ita ponuntur in numero rerum fiscalium l. si quando 3. & ibi gl, C, de bonis vacan. lib. 10. In the Laws of this Realm their is twa kinds of annexation: The ane quhilk may be called tacita, quhairin the word of Annexation is notched expreemed, bot uther words equivalent theirto. 
Twa kinds of annexation.  The uther is expressa, quhilk contains manifest mention of annexation or union. The first form is used in the days of king David the second 6. Novem. 1357. quhair it is statute & ordaned, that all lands, rents, and possessiones, quhilkis of old pertained to the crown, or the kings domain and property, suld all and hail, and perpetually remain in the hands and possession of the King, for his sustentation & living, without any alienation theirof. And siklike 27. Septem. 1367. with consent of the three Estaites, it was statute for the kings better sustentation, and living, that all rents, fermes, kanes, customs, forests, offices, and uther emoluments quhatsumever: And also all lands, alswell the property, and uthers, in possession quhairof King Robert 1. father to King David the second, deceased as of fie; and that all possessions, & lands quhilkis pertained to the riched and property of the Crown, the time of the said King Robert, or of King Alexander the third, or of the said King David the second, suld return all and hail to the crown, with all advocations of Kirkes', and all service pertaining theirto; To remain perpetually with the Crown, nocht-withstanding onie alienation theirof, maid to onie person, and that na disposition theirof be maid thereafter, without consent of the three Estatis. And give onie person had onie of the saides' lands laboured with his awin pleuch: It was ordained that he suld pay alsmeikle farm and duty therefore, as the samin micht goodly pay, or as onie uther lands as good, and alsmeikle, used to pay. And siklike all the great and small customs, and burrow mailles of the Realm, are ordaned to abide and remain with the King, till his living, be ane act maid be ja. 1. Parl. 1. c. 8. Of the second form of Annexation quhairby lands, 
The second kind.  possessiones and uthers, per expressum, are annexed, united, and incorporate divers and sundry examples are extant in the acts of Parliament of King james the 2. 11. Par. 4. Aug. c. 41. & of uthers' maid theirafter. 
Lands annexed and notched dissolved may notched be analied. Of the profits of landis annexed wrangouslie analied.  Lands, and uthers' duties, or possessions quharsum-ever annexed to the crown, being annalied or disponed, nam lawful dissolution maid theirof, it is lesume to the King, nocht-withstanding the said alienation to put his hand to the saides' lands, and take tham back again to the Crown, brevi manu. without onie order or process of law. And as concerning the proffites theirof, quhilkis are extant, pendents & nondum consumpti, the time of the said intromission, the king, or his comptrollar may intromet theirwith, in the samin manner, as he may intromet with the lands, jure soli, quia fructus pendents, & extantes censentur pars soli. And tuitching the fruits, and proffites of the lands quhilkis are spended, and consumed; The King and his comptrollar, aucht & suld repeete the samin fra the possessors, and uptakers of the saidis fructes, of all ȝeires of their intromission therewith, be way of action, because they are consumed and spended. Quhilk deed consistand in facto, suld necessarily be proven be ordinar way of action. To the quhilk hail proffites the King hes good riched, in respect that of the Law, malae fidei possessor, can never acquire and conqueis to himself, onie fruits or proffites, ather extant or consumed. And true it is that all they, quha receivis any infeftment or unlauchful disposition of the Kings annexed property, are malae fidei possessores: they receiving the samin against the manifest law of this Realm. the ignorance quhairof excusis na inhabitant of the samin. And mairover, true it is that the foresaid form of intromission with the kings annexed lands, and repetition of the proffites theirof, hes been in use and practik sen the making of the acts of Parliament theiranent: Likeas in the beginning of the reign of King james the Fourth 18. jan. 1488. the lands and Lordship of Brechen, and Nevar were taken fra David Earl of Crawfurd, and ane term assigned to prove against him, the availl of the mailles and duties of the saides' Lands with the pertinentes, 
The King's property wrangouslie analied.  intrometted with be him, sen the time of the gift thereof. Item the King may intromet with his annexed property, and proffites theirof, quhidder he be Major or minor, For give their be na lauchfull dissolution of the samin, he is aye as it were minor anent his said property. All annexations are perpetual, and induris continually, ay and quhill ane lauchfull dissolution be maid be onie King: Enduring the time of the quhilk dissolution, the annexation ceasis, and sleepis, and the dissolution being ended be decease of the maker theirof, 
Annexation is perpetual.  the said annexation begins to quicken & quasi reviviscere; In sick sort that the King quha succeeded is to the maker of the said dissolution may set na fewes of his annexed property, be virtue of the dissolution made be his predecessor, bot mon make ane new dissolution to the effect foresaid. Quhilk fault and vice, I find in divers and sundry infeftmentes of the property: and specially in the minority of King james the Fifth, quhilkis are wrangeously given be virtue of the dissolution maid be King james the Fourth, his Father. vid. Dissolution.  ANNUELL 
ane word used in the practik of this Realm, for an ȝeirelie revenue, or duty, paid at certain terms, ather legal, quhilks are called termini legales vel legitimi, prescrived and appointed be the law of this Realm, sick as Martin-mes & Whit-sonday; Or conventional as pleasis the parties till agree and appoint, be paction and contract, as betwixt Ȝule and Candl-mes, or onie uther time. In the Acts of Parliament maid be Queen Marie 4. Parlia. 29. Maij, c. 10. mention is maid of ground annual, few annual, and top annual, quhairof I have red nathing in onie uther place: and am incertain quhat they do signify: 
Ground annual.  bot referris the samin to the judgement and opinion of the Reader. Always ground annual is esteemed to be quhen the ground and property of onie land bigged or unbigged, is disponed and annalied for ane annual to be paid to the annalier theirof, or to ane uther person, 
Top annual.  sick as onie Chaiplaine or Priest. Top annual is ane certain duty, given and disponed forth of onie bigged tenement, or land, 
Few annual.  of the quhilk tenement the property remains with the disponer, and he is only oblished to pay the said annual. Few annual, is ather quhen the few mail, or duty is disponed as ane yeirlie annuel. Or quhen the land, 
The annual of Norway.  or tenement is serte in fewferme heritably for ane certain annual to be paid nomine feudi-firmae. The annual of Norway quhairof mention is maid in the acts of Parliament of King James the third, and in the Register of this Realm, was ane annual of the sum of an hundred marks, sterling money, quhilk the Kings of this Realm was oblished to pay yeirlie to the King of Norway, for the cause after specified. Because Donald Bane, brother to King Malcolme Cammoir, wrangeouslie after the decease of his brother usurped the riched of the Crown against his brother sons, Edgar, Alexander, David, and uthers. And for help, and supply, gave all the Isles of Scotland to the King of Norway, quhairthrow, and for uther occasiones, money bluidie and cruel battles followed, until the battle of Largesse 3. August, 1263. In the time of King Alexander the third. And Acho King of Norway: Quha thereafter in the samin ȝeire 22. Januarie departed in Orknay. And the Scotts beand victorious, Magnus the fourth of that name, King of Norway, son to the said Acho, maid peace and concord, with the said King Alexander in anno, 1266. and renunced, quite-clamed, and discharged all riched, or title, quhilk he or his successors had, or micht have, or pretend to the Isles of Scotland. The King of Scotland payand theirfoir yeirlie to the said Magnus, and his successors ane annual of ane hundreth marks, sterling money. Quhilk contract and agreeance was ratified, and confirmed be Haquinus' King of Norway, the fifth of that name, and Robert the first, King of Scotland, in anno 1312 Bot at the last the said annual, with all the arrierages, and by-runnes thereof, was discharged, and renunced simpliciter, in the contract of marriage betwixt King James the third, and Margaret, only daughter to Christianus the first. King of Norway, Denmark, and Sweden, 8. Septemb. 1468. Quhilk discharge is notched only ratified, bot also renewed thereafter be the said Christianus 12. Maii. 1469. And likewise the said King James the third. 24. Fe. 1483. commanded his Ambassadors send to the Paip, to desire confirmation of the said perpetual renunciation, and discharge of the contribution of the Iles.  ARAGE, 

utherwaies Average, from Averia, Quhilk signifies ane beast, as salbe hereafter exponed: And swa consequently Average, signifies service, quhilk the tennent aucht to his master, be horse, or carriage of horse 18. Jan. 1501. John Stewart contrair William Blair. In the act of Parliament Ja. 4. p. 2. c. 10. It is written Avarage. And likewise, in the indenture at Perth pen. Mart. 1371. betwixt Robert Steward Earl of Menteith upon the ane part, and Dame Isabella Countess of Fife, 
Isabella Countess of Fife.  on the uther part, it is plainly written, cum Avaragiis & Cariagiis. In the quhilk indenture, the said Isabel dauchter and air to Duncane Earl of Fife, & spouse to Walter Stewart brother to the said Robert, in the time of her Widuitie, after the decease of her said husband, oblished her, to resign the said Earldom of Fife, in the King's hands in favour of the said Earl, for new heritable infeftment thereof, to be given to him. The quhilk indenture is subscribed be joannes Rollo, quha was secretary to the said Earl. And conform thereto, resignation was maid: for the quhilk scho received ȝeirlie for her sustentation, an hundreth forty five pounds, sterling money. Like as also the said Isabella 22. Junii 1389. resigned ad perpetuam remanentiam, in the hands of K. Robert the third, the Barrone of Strathurd, Strabraun, Discher, Toyer, with the I'll of Tay, 
Sundry Land, pertaining to the Crown.  lyand within the Schiresdome of Perth. The Baronne of Cowll, and Oneil, with the fortalice theirof, and patronage of the Kirk of Kincardin within the Schiresdome of Aberdene, the Barons of Crumdail, and Affyn, within the Schireffdome of Innernes, the landis of Strahovie, and Abrandolie, within the Schireffdome of Bamf. The lands of Logyachry, within the Schireffdome of Perth, the barony of Calder, within the Constabularie of Linlitheow, and Schireffedome of Edinburgh, and the lands of Kellynsyth, within the Schireffedome of Striviling. This I thoucht good to advertise the reader how the Earldom of Fife and uthers' lands foresaids, pertained to the Crown. Duke Murdo son to the said Earl of Fife, being forefalted And that be King james the First. 1424. The said Earldom was discerned to remain perpetually with the Crown, like as it dois, as ane special pairt of the annexed property. As also the Lordship of Methven within the Schireffedome of Perth, and the barony of Kellie, within the Scheriffedome of Forfar, did fall in the hands of King Robert the first, be done of forefaltour pronounced against Schir Roger Mowbray Knicht.   ARRENDARE, 
ane Spanish word, commonly used in chartoures and infeftments of this Realm, in latin, locare seu rem aliquam utendam, fruendam, non gratis, sedcena mercede interveniente concedere. For conform to the French, rent is ane certain duty, as annuell-rent and arentare and theirfra arrendar, quasi ad certum rentum seu reditum dimittere to set and give, lands or tenements to onie man for an ȝeirlie duty.  ARRERAGIUM, 
or properly Arrieragium, an French word, arrier, backward: in latin retro, as jamais arrier, used be the Earls of Angus, in their arms, to quhom it perteins to fetched the King's wantgard, as of old it did appertain to macduff Earl of Fife, as writ is Hector Boetius. Arrieragium firmarum, signifies the by-run annuel, nails. fermes, profits or duties of onie tenement, or lands, the quhilk restis upon the 'samine unpaied. quoniam attach. c. si tenementum. 27, Leg. Burg. c. si quis voluerit. 156.  ASSISA, 
ane French word, Quhilk signifies properly sitting, or Session, and hes divers uther significations in the Laws of this Realm, for assisa is taken for ane constitution, ordinance or law. Lib. 3. c. sequens. 23. quhair it is called recognitio. And lib. 1. c. si non 23. mention is maid of ane essonȝie, or excuse, conform to the Law and assize of the land. And assisa is called ane constitution, law or statute. lib. 4. c. die lunae. 13, as assisa regis David Stat. Alex. c. assisa 18. And assisatum signifies statute, or ordaned St. 2. Ro. Br. c. Item ordinatum 26. King David maid an assize, or constitution of him quha was accused in judgement, and clenged, for the death of his wife, assisa Reg. Da. c. si quis velit 33. assisaterrae is taken for the Law and constitution of the land, Lib. 4. c. si vir 16. c. sciendum. 64. assisam infringere, is to violate and transgress the Law. And assisa of King James the First of weichts and measures maid at Perth. 11. Mart. and the First ȝeire of his reign. Juxta assisam. lib. 2. c. dicitur autem. 74. is conform to the law, or Juxta legem, is conform to the time prescrived be the Law, Lib. 3. c. sequens. 33. in fin. Item assisa is called ane measure, or certain quantity, as the barrel bind of Salmond suld keep and contain the assize, and measure of fourteen gallons. Ja. 3. 1. Octob. Parl. 14. c. 110. and all Salmond suld be packed in barrels, of the measure of Hamburgh, after the aulde assize, and na smaller barrels nor vessels. Ja. 3. 6. August: Parl. 10. c. 76. assisa halecum, 
Assize herring.  the assize herring, signifies ane certain measure, and quantity of herring, quhilk perteinis to the King as ane pairt of his custumes, and annexed property, Ja. 6. p. 15. c. 237. For it is manifest that he suld have of every Boat, that passis to the drove, and slayis herring, an thousand herring of ilk tack that halds, viꝪ of the Lambmestak, of the winter tack, and of the Lentrone tack, in December. 1516. The King's Advocate contrair William Harper, and his Colleges. Item the King's rents of assize is interpreit, to comprehend the King's Lands and custumis 9 Decemb 1466. & 11. Mart. 1500. In the action betwixt James Ogilbie, contrair Patrick Grace, certain oxen was poinded for sundry unlawes, and for the rend Assize aucht to the King's Hienes for the blench ferms of the lands of Airlie. And siklike the third of the Kings rend of the Assize, That is to say, the lands and customs, suld peneine to the Queen, as her dowry, Ja. 3. 9 Octob. p. 1. c. 2. In this realm an Assize is called ane certain number of men lawfully summoned, received, sworn and admitted to judge and decern in sundry civil causes, sick as perambulations, cognitions, molestations, purpresture, division of lands, serving of brieves, and in all and sundry criminal causes. For be the law of this Realm, all crimes suld be decided and tried be an assize, 
Twa formis of assizes.  Stat. Alex. c. 3. Quhair of their is twa kinds. Ane ordinarlie in use, quhilk may be called ane litil assize, of the nummer of 13. or 15. persons, lib. 3. c. generalia 25. The uther called ane great assize, quhilk consists of 25. persons, l. 1. c. poena. 16. lib. c. 2. does. 19 and all the assisors, in baith the ane and the uther assize suld swear ane solemn aith, to judge and decern richtly. vid. bona pat. For the quhilk cause they are called Juratores li. 1. c. poena. 16. and in sum buiks assisa, is called jurata patriae, and in the English laws an Iury. The great assize (quhilk is not commonly used in this Realm) is chosen against sick persons, as hes been upon an little assize, and are accused the perjurio vel temerario juramento: and that they have done wrong against the laws in clenging onie trespassor quha is guilty and fowl of the crime. In the quhilk case, the man that is clenged, albeit wrangously, cannot be filled again or punist: for he being anis quite, he is ever quite for that crime: bot the assisors may be accused of their wrangous' deliverance. I. 3. p. 8. c. 20. Nc. 63. The great assize suld be of 25. persons, Nobill and gentlemen. And the Lords of the Session, upon the first day of Junij. 1591. declaired all them to be esteemed, halden and repute as Nobil persons and gentlemen, that shall happen to be summoned upon sick an assize, quha are landed-men, albeit they be inferior in rank and dignity to them, upon quhais assize they suld pass.  ATTAINT, Taint, 
an word meikle used in the English laws, Attayntus, is accused, filled or convict, for any crime or cause. Stat. 2. Ro. Br. c. Item. 9 c. Item dominus 21. c. Item. 24. An Judge being convict, or attaint of taking of buds, or of partiality, suld be punished at the Kings will, and tine his office. Sta. 2. Ro. Br. c. c. dominus rex. 22. Stat. 1. Ro. Br. c. Item quòd nullus. 8. I. 5. p. 7. c. 104. Bot attaint or Taint, is called the deliverance or probation of 24. (alias 25) leill men, the quhilk may be called an great assize. lib. 1. c. poena. 16.  ATTACHIAMENTUM, 
from the French word, attacher, ligare, nectere, ane charge or binding of any person, to the effect he may be drawn and compelled to compeir in judgement and answer as law wil In the preface and beginning of the buik called quoniam attachiamenta, attachiamentum dicitur quoddam vinculum legitimum, per quod pars defendens invita astringitur, ad standum Juri, & respondendum parti de se conquerenti juridicè. And attàchiament sometimes is of guds and gear, as in contracts, conventiones, and actions of moveabill gudes, in the quhilk the gudes and gear of the defender are attached, until he find caution and pledges to answer as law will, quhilk being funden, the attachiament is relaxed and loosed. sometimes attachiament is of ane man's person and body, as in actiones of wrong, or criminal causes. In the quhilk the person of the transgressors suld be first attached, and give he be disobedient, or fugitive, his gudes and gear, may be attached, until he find caution to underlie the law. Swa commonly, bot not perpetually, attachiamentum, vel est bonorum, vel corporis, sicut arrestamentum bonorum, as give the Crowner can notched apprehend onie man indicted, to attach him personally to compeir in the Justice air: then he suld arreist all his gudes movable and unmoveable to remain under sure pledges, And to be furth-cummand to the King, in case he compeir not. l. Malc. Mak. c. 1. And in criminal causes, specially in treason the person or body of the defender suld be first attached, and put in sure firmance, until he have tholed ane assize, quhidder he be quite or foul. I. 2. p. 12. c. 49. And in civil causes the guds and geir, of the defender suld be first arreisted. Li. 4. c. 1. as writes Matthaeus de afflictis, in consuetudines Siciliae. constit. Humanitate. Nu. 33. Be the civil Law in execution of decreites, first the moveabill gudes pertaining to the debtor, suld be first discussed, thereafter his lands and immoveabill gudes may be comprised. thirdly the debts auchtand to him, quhilks are called nomina debitorum, may be persewed and discussed, L. a Divo Pio. 15. Sect. 3. De re Judicat. Quhilk is conform to the act of Parliament, quhairby it is statute, that the lands pertaining to the debtor suld notched be comprised, until his moveabil guds be first searched, socht, and discussed. Ja. 3. p. 5. c. 36.  AVERIA. 
li. 4. c. si quis sederit 23. c. quicunque. 31. ass. Reg. Da. c. si quis sederit 41. In the quhilk place it is called melius animal, the bestaucht, from the French, le meilleur avoir. Quhilk be the Law is given be the husbandman to his master, as ane hereȝelde, and lib. 4. c. quicunque, 31. averia is called animal: The quhilk place is de namatione animalium, that is of poinding of cattles.  AUUNCULUS 
properly is the mother-brother, bot sumtime conform to the French manner of speech, it is taken for the father-brother, in Latin patruus, li. 2. c. si quis liberum 24. c. deficientibus 34. de judic. c. Item nota 15. In quibus loeis jus successionis dicitur pertinere ad avunculum ejusque liberos quod non est consentaneum juri nostro civili, si avunculus propriè accipiatur pro fratre matris, quia cognatorum, h. e. consanguineorum, ex parte matris apud nos nulla est successio, h. e. cognati non succedunt aliis.    

B.  
BAGIMONT, 
his taxation of benefices. Ja. 3. p. 6. c. 43. Ja. 4. p. 4. c. 39 The Pape in the time of K. James the third, send in this Realm ane cardinal and legate, called Bagimont, Quha did make an taxation of all the rentalles of the benefices, that the samin micht be knawin to the Pape. To the effect, that quhen onie person came to Rome seikand bulls or riched to onie benefice fra him, he micht conform to the said rental as he pleased, sell the samin for sameikle Silver, or Gold, as he thocht mayst profitable. Quhilk taxation is grounded upon the Canon Law, in the Extravagant. suscepti regiminis, lib. 6.  BAIRMAN. 
Vid. Dyvour.  BALLIVUS, 
an French word, Baielif, Ane baillie or judge, li. 1. c. 10. c. 31. quha hes ane ordinar power and jurisdiction. Nam ballivus sive judex non potest esse arbiter. li. 2. c. 4. Ballia, in Latin provincia, ane baillery or jurisdiction. li. 1. c. 7. c. 18. stat. 2. Rob. Br. c. 4 c. Robertus. 28. Dicitur autem Ballivus à Baal, h.e. domino, quia ballivi dominantur suis subditis, quasi earum magistri & domini, Rebuftus in constit. regias, de sentent. execut. art. 7. gl. 1. And in the Chequer counts, the Bailies of Burrowes are properly called ballivi. Quha be the Laws of this Realm, makis count ȝeirlie in the Chequer, of their burrow mailles, as ane part of the kings annexed property, and also of their commoun good, quhilk suld be employed in the necessary affairs of the burgh. And likewaies in the cheker, count is maid of the King's property, be sick as are called Ballivi Regis, and intromettis with his rents: quhais counts are called computa Ballivorum ad extra Scil. Extra Burgos: And are improperly called Ballivi, 
Computum ballivorum ad extra.  being Chalmerlanes in-put, and out-put be the controller, for quhom he suld be answerable. Mairover, in the Chequer count maid per rotulos, is quhen the Compter is charged in his count, conform to ane former count, rolled of before: And computum extra rotulos, 
Computum per rotulos, & extra rotulos.  is quhen the compter is charged in his oneration, be any precept direct be himself, or be any intromission maid be him of the King's rents, before the making of his count, or with onie dewrie silver, or uther thing pertaining to the King extraordinarlie, and not ȝeirlie, as ane part of his patrimony.  BANRENTES, Banerets. 

Ja. 1. par. 7. c, 101. In the quhilk place, it is manifest, that Banrent is ane kind of estaite, greater and mair honourable than Barrones: For the Barrones are permitted to choose their Commissioners, to be sent for them to Council and Parliament, to propone all and sundry needs and causes, pertaining to the commounes, in the Parliament, or general Council: Bot the Banrentes suld be warned be the kings special precept, to compeir personally in the Parliament or Council: In sick manner, as Bishops, Earls, Lords, Abbots, Priores, usis to be summoned. This word is commonly used in the English laws, and in sundry laws of uther Country's. Cuia. l. 2. the Feud. Tit. 7. de nova fidelitatis forma. Boerius in decisiones Burdegalenses, Tract. de authoritate magni Consilii. Guido Papae quest. 614. & 326. jus Normand. l. 5. c. 2. Nu. 7. Zasius de Feud. Tit. qui Feudum dare possunt. Some calais Banrents them quha hes Banner rend, and divided in sundry parts. Uthers' calais them quha hes the rent or ȝeirlie duty of an Barronne. And siklike, some understandis them quha bearis the kings Banner in his hoist and army: quhilk office and honour, perteins heritably, and allanerlie, to the Constable of Dundie, the King's Banner man. But all men when they are belted and maid Earls, are called Barronne Banrent, and Lord of our Sovereign Lordis Parliament: Quhairby it is manifest, that the said dignity is common to many, and notched proper to ane man: And therefore seeing Zasius in the place foresaid, writis, that Banrent is ane dignity concerning weirfare: I think in my opinion, that Banrents are called Chevaliers of arms, or Knichtes, quha for obtaining of great honour's, dignities or riches, hes power, or privilege granted to them be the King, to raise and lift up an Banner, with an company of men of weire, either horsemen, or futemen, quhilk is notched lesum too any Earl or Barronne, without the kings special licence, asked and obtained to that effect: As Henry Pasquier Advocate. lib. 2. des re cerhes de la France. c. 9 Fol. 100 proviss be money and sundry arguments of the History of France. And Doctor Thomas Smith, ane learned man, in his buike, anent the commoun weill of England. Lib. 1. c. 17.  
Sayeth that Knights, Banrentes, are maid in the field, with the ceremony of cutting of the point of their standard, and making of it as it were ane Banner, they being before Bachelors, are now of ane greater degree, allowed to display their Arms in ane Banner, in the kings hoist and army.   BANNITUS, 
Banished for onie crime or uther cause. Bannum, signifies ane trumpet, in latin tuba, as writis Alciatus. l. 2. parer. c. 2. ex Procopio, l. 4. belli Persici. And be the common use and consuetude of this Realm, quhen onie person is banished, or put to the home, the same is done with three blasts of an horn, or an trumpet. And for that effect, it is statute and ordained that the Kings maire, or serjand shall have ane horn and wand. Ja. 1. p. 7. c. 99 for with the horn he denunces men rebels, and with the wand, he receives them to the King's peace, quhilk therefore is commonly called the wand of peace. An Bannitus possit impunè, offendi in corpore & bonis. vid. Chessanaeum in consuetud. Burgund: R. 2. Sect. 1. for. confiscationis. Nu. 7. cum seqq.  BARO, 

Ane Barronne. Zasius de Feud. Tit. qui feudum dare possunt, 
Dux.  writes conform to Cornelius Tacitus, In Libre de Germania;  
That Dux, or ane Duke, is the Governor of ane Province, or Army, Comites, or Earls, are they quha are assessors to the Duke or Prince. SWA called a comitando, because they accompany the saidis Dukes, and never passis out of their presence. 
Comes.   

Marchio.  Marchiones, are Marquesses, Wardaines, or keipers of the Bordoures: For Mark, March, in Latin Limbs, and Mark-grave in dutch, is Comes Limitaneus. And all Marchiones dwelling on the Bordoures, or Marches, of the Country. As in this Realm the Earldom of March, quhilk perteinis to OUR SOVEREIGN LORD, As ane part of his annexed property. Bot Comes Martialis, or Earl Marshal, is ane man of dignity or jurisdiction, 
Cames Martialis.  à mart, vel bello: Because the jurisdiction of weirfare perteinis to him. Alciatus libro de singulari certamine. c. 32. Affirmis, that like as the Earl is inferior to ane Duke, swa ane Barronne is inferior to ane Earl: And that Baro, cummis fra the Greek word Barus, gravis, wise, grave, prudent, and discreit: Bot contrary wise, Petrus Pithoeus. Lib. 1. Adversariorum writis, That Baro signifies ane baird, fuile, or un-wise man. Quhais opinion, I cannot goodly approve.  
Baldus in Cap. Innotuit de electione, definite Baronem, ut sit quisquis merum mistumque habet imperium in aliquo castro vel oppido, ex concessione principis. In this Realm he is called an Barronne, quha haldis his lands immediately in chief of the King, and he's power of pit and Gallows.   BARRATRIE, or Barrataria, 
ane kind of Simony, especially in obtaining the riched of benefices. Socinus reg. 55. Baldus in consilio 21. Part. 5. For all men passand to Rome and buyeand benefices commits Simony, and are called Barratoures. Be quhome Barratrie is committed, and quhat is the pain theirof, it is manifest be the acts of Parliament. It is ane Italian word, and be the Italiane interpreters of the civil Law, Barrataria, is quhen ane Judge corrupted be buds (sick as gold and silver) judgis wrangeouslie, Petrus de Raven. singula. 156. and swa doing sellis Justice for meid and profit, and make is his office ready to be boucht be him, quha will give mayst theirfore. Angel. de Syndicatu. Nu. 4. For the quhilk crime he may be deprived, and sharply punished. Bartol. 1. l. Maevia. 13. Sect 1- nu. 2. de. annu. legate. And likewaies Barrattours in the Laws of England, suld notched be suffered to make suit, or to give judgementes or pronunce sentence or domes, anno 3. Edward 1. c. 32.  BASTARDUS, in French Bastard, 

an barn unlauchfullie gotten outwith the band of Marriage. Quhilk word is barbarous, and (as I suppone) na reason can be given quhairfore it is so called. Bot Gabriel Palaeotus, in his buik de nothis, spuriis que filiis. c. 18. alleagiss it to come fra Bassaris; quhilk signifies ane huire, or common woman: Be reason that bastards are commonly gotten and procreate with sick weemen, in Greek he is called nothus, for ta notha signifies that part of the father's gudes & gear, 
Nothus.  quhilk be the law of the Athenians leasumlie micht be given be the Father to his bastard son, extending to the sum of mille drachmae, and theirfore Nothon was called all that was not true or lauchfull, as writes Budaeus in Pandectas. And swa Nothos comes fra no, privativa particula, & theion, h.e. divinum, teste Suida. Because he wantis that quhilk is godly and lauchfull, that is ane honest and lauchfull birth, or parentage. And swa nothos dicitur qui non sit legitimus, to the quhilk their is na proper Latin word correspondent, as Quintilianus testifies lib. 3. c. 6. Nevertheless, he is commonly called Spurius, 
Spurius.  for in. l. 1. ff. de possesses. contr. tabul. Spurii dicuntur para ten sporan, h. e. station, vel seminatione, eaque vaga, & promiscua, ubi doctiores sporaden legunt, quasi sparsim concepti, like as they are called vulgò concepti. l. in. adoptivis. 14. de ritu nuptiarum. Likewise Spurius was the proper name of ane man amongis the Romans', as Titus, or Caius, and was written with two letters Sp. and likewaies they quha had na certain Father, was designed with the said's twa letters, S. and P. And swa be common use and consuetude, Spurii dicebantur sine patre, as writes Plutarch in problematibus, because their Father and mother notched being lawfully married, they have na certain Father: quia pater dicitur quem legitimae nuptiae demonstrant. l. 5. ff. de in jus vocand: And it is alike to have na Father, and to have incertain Father, as we say, he quha will have money Gods, hes na God. Postremò Blondus lib. 8. Romae triumphantis, is (inquit) qui illegitimè natus esset ex coucubina vel scorto, contumeliae causa, spurius dicitur, eo quòd Sabini, muliebre pudendum sporon appellarunt: 
Sporon. Spare.  haec ille Inhonesto originis genere in lucem editos, infami & inhonesta appellatione notare voluerunt veteres. And that part of weemens' claiths, sick as of their gown, or petticot, quhilk under the belt, and before, is open, commonly is called, the spare. As concerning the succession of bastards, 
De successione activa, & passiva Bastardorum. Bastardus non potest esse haeres.  their schort rules are to be observed, conform to the Law, and practicque of this Realm. First na bastard, nor na person, notched procreate, and gotten in lauchfull marriage, may onie ways be lauchfull air and successor to onie of our Sovereign Lordis lieges. lib. 2. c. in custodiis 50. for be the law of God Ishmael being bastard, gotten upon ane bound woman Agàr, micht not be air to Abraham, with Isaac. Genes. 21.10. Because all riched of succession is be reason of bluid, and consanguinity of the Father side, quhilk is called jus agnationis, and theirfra ane bastard, quhais Father is incertain, be the law is understand, be reason of bluid to be sib to na man, and nane to him, & ubi nullus est pater legitimus, ibi nulla est agnatio aut successio ratione agnationis.  
secondly the bairnes mail, or female, 
Legitimi bastardorum liberi, ipsis succedunt.  lawfully gotten be ane bastard, with ane lauchfull married wife, succeids to him as righteous and lauchfull airs, in his Lands, gudes and gear, in the samin manner, as give their father had been gotten and borne in lauchfull band of marriage, quia filius est haeres legitimus, quem nuptiae demonstrant. lib. 2. c. in custodiis 50.  
thirdly give the lauchfull bairne mail or femaill of ane bastard, 
Fiscus succedit filio vel filia, Bastardi.  succeides to him, and thereafter deceasis without lauchfull airs gotten of his awin body, or without lauchfull brother or sister: and lauchfull testament and latter will maid be him, all and hail his lands, guds and gear, notched being disponed and analied be him in his life-time, aucht and suld pertain to the King, be the privilege and riched of his Crown: Because, as said is, there is na riched of succession in this Realm, be the Mother side, and the son or dauchter of the bastard deceasand as said is, he's nam person sib to him be his Father side: And swa all riched of succession ceasand baith upon the Mother and Father side, tam ratione eognationis, quam agnationis, the King be reason of his Crown, 
Bastardus res suas alienare potest, tanquam liber earum dominus.  is universal successor to him in his lands, guds and gear, as ultimus haeres.  
Fourthly, an bastard being legitimat, or not legitimat, may in his lige pousty and enduring his life-time, annalie and dispone his lands, gudes and gear movable, and unmoveable, to quhom he pleasis, in the famine form and manner as onie person gotten in lauchfull bed may do be the Law.  
fively, 
Fiscus succedit bastard●.  all gudes movable and unmoveable of ane person borne bastard and deceasand bastard, without lauchfull airs gotten of his body, and na disposition theirof maid in his time, perteinis as escheite to the King, be reason of the riched of his Crown. lib. 2. c. quaeri autem. 51. leg. forest, c. si bastardus. 50. the judic. c. si bastardus. 54.  
Sextlie, 
Bastardus legitimatus potest testari legitimen.  Ane bastard being naturalised or legitimat be the King under the great seal, be the practicque now used and observed, hes allanerlie power to make testament, dispone his movable gudes and gear, and nominate executors, conform to the Law of this Realm: be the quhilk Law, nam man lawfully, or unlauchfullie gotten or borne, 
Bastardus legitimatus potest testari legitimen.  may make onie disposition in his testament, bot of his movable gudes allanerlie. For na man upon his deathbed, or in his latter-will, without consent of his air, may dispone any part of his heritage. Lib. 2. cap. Potest 21. cap. Cum quis. 36.  
Seventhlie, give ane bastard legitimat and rehabled in his life-time, makis ane testament lawfully: The King thereby is excluded fra all riched and intromission with his movable gudes: Bot give he makes ane testament, quhilk is null and unlawful: Or give he makis na testament: 
Testamentum illegitimi factum non excludis fiscum.  The King be reason of bastardrie, succeedis to him in all his moveables, and unmovables. For in this case, the effect and power of the legitimation ceasis, and hes na operation.  
Auchtlie, quhen ane Bastard deceasis without any lauchfull testament maid be him, or not havand airs lawfully gotten of his body: 
Bona mobilia Bastardi fisco deferuntur.  The King, be his Thesaurer, or any uther havand gift and power fra him, may intromet with all the movable gudes quhatsumever, pertaining to the Bastard, the time of his decease, and not disponed be him in his life-time, as escheit pertaining to his highness, be reason of his crown and Kingly power.  
Ninthlie, Sick-like all lands and tenements pertaining to the said Bastard, the time of his decease, 
Bona immobilia D.N. tenta, fisco inferuntur.  and halden immediately of our Sovereign Lord in chief, after his decease perteinis to the King, and the property thereof, be decease of the Bastard, and be reason of escheit of Bastardrie, belangand to the Crown, is consolidat with the superiority in the King's person; in sick form and manner, as give the Bastard in his life-time, had maid resignation thereof, in the King's hands.  
Tenthlie, Concerning lands and heritage, pertaining to ane Bastard, 
In aliis bonis immobilibus Rex habet jus presentationis.  not halden of the King, bot of ane uther superior, Spiritual, or Temporal; the King hes riched of presentation: Be the quhilk, after the decease of the Bastard, he may present any person quhom he pleases, as heretable tennent to the Bastards immediate superior, be his letter, under the quarter seal, bearand: That forsameikle, as N. borne Bastard, and deceaseand Bastard, without any airs, lawfully gotten of his body, and na lawful disposition maid be him in his life-time, had the lands called B. pertaining to him, in heritage, halden immediately of the said superior: And his highness being willing not to prejudge the superior, anent his superiority: Therefore presentis to him, sick ane man, charging the superior to receive him, and give him sick infeftment of the lands, as the umquhile Bastard had of him of before.   BERTHINSEK, Or Birdinsek. 
Be the Law of Birdinsek, nam man suld die, or be hanged for the theft of ane scheepe, ane veale: Or for sameikle meat as he may bear upon his back in ane seck: Bot all sick thiefs, suld pay ane scheepe, or ane cow, to him in quhais land he is taken: And mairover, suld be scourged. Lib. 4. c. De Y burpanan seca. 14. quoniam attach. c. per constitutionem. 44. Ass. Reg. Da. c. 1. In fine. Stat. Alex. c. de Berthinsek. 19 Quhilk is conform to the Civil, and Cannon law. Nam omnia delicta & maleficia aestimantur voluntate, & proposito delinquentis. L. qui injuriae. 53. In prin. ff. de furtis. L. 1. ff. de Var, & extr. Crim. Ideoque si quis necessitate famis sedandae, egestate, aut paupertate coactus, rem alienam contrectat, quia non adest animus furandi cupidus, excusari potest. e. si quis. Extr. de Furt. non enim factum, sed causa faciendi inspicitur. l. Verum. 39 ff. de furti. Et vuglo dici solet, necessitatem non habere legem. L. Non solum § Vlt, de excusationib. Tutor.  BLUDUEIT, UYTE 
In English is called Injuria, vel misericordia. Ane un-law for wrong or injury, sick as blood: For they quha are infest with Bludueit, hes free liberty to take up all unlawes or amerciaments of Court, for effusion of blood: And to hauled Courts thereupon, and to apply the samin to their awin utility and profit.  BONA PATRIA, 

Lib. 1. c. si verò. 29. Ane assize of cuntrie-men, or of good nichtboures: Sometimes it is called. Assisa bonae patriae, quhen twelve, or maa men are chosen forth of any part of the Country, to pass upon Assize, quha are called Juratores, 
Juratores.  because they suld swear judicially, in presence of the party, ane solemn aith. Lib. 1. c. Post hoc. 14. jam 1. P. 13. c 138: 
The aith of the assisors.  In this manner following. We shall leill suiths say, and nam suiths conceal, for na-thing be may, sa far as we are charged upon this Assize, be God himself, and be our part of Paradise, and as we will answer to God upon the dreadful day of judgement.   BONDAGIUM; or Villenagium, 
slavery, or servitude: For bondi, nativi, 
Bondi. Nativi.  and Villani, signifies ane thing. Lib. 2. c. Consequenter 13. cum seqq. Bondi, be reason of their band and obligation, as bound and oblished men. Nativi, be reason of their nativity and birth, as borne men within the land, Quasi ascriptitij glebae, That is depute, destinate. or ordained be their master, to dwell and remain upon the land, for keiping and labouring thereof. Lib. 2. c. Pluribus 14 And therefore utherwaies are called Villani, 
Villanis.  be reason of their office: in sa far as they have the cure of Villages, and landwart husbandry committed to them. Bondagium per anteriores crines capitis. 
Bondagium per anteriores crines.  quoniam attach. c. de brevibus. 31.15. quhen any free man, renuncis his liberty, and makis himself ane bond, or slave to ane great man in his Court, and makis tradition, & delivering of himself, be giving ane grip of the hair of his forehead: to the effect he may be maintained and defended be him thereafter. The Quhilk bondmen, give they reclaim to their liberty, or happen to be fugitive fra their master, may be drawn back again be the Nose, to servitude: Fra the quhilk the Scottish saying cummis, quhen ane boastis and menacis to taken ane uther be the Nose. And it is leasum too any man to sell his liberty; bot gis he dois, he may never recover the samin. Assis. Reg. Da. c. Quilibet 12. quoniam attach. c. quilibet, 56. To this the Civil Law is conform. Nam his qui ad precium particidandum sevaenundari passi sunt, ad libertatem proclamare non licet. L. 1. ff. quib. ad lib. Petrus Pithaeus. li. 1. Adversariorum, makis mention of ane kind of adoption, per comam sive capillos, quhen any person tuike ane grip of ane uther mannis hair, and did cut it: Quhairby the ane, became the Father adoptive, and the uther, the Son adoptive.  BORCH, 
ane Cautioner, pledge, or sovertie, jam. 3 Par. 14. c. 99 In Latin, Fide-jussor. vide Free Borgh. vid. Plegius. Borgh of Ham-hald. de Maritag. 
Borgh of Ham-hald.  c. Sciendum. 17. Ane Caution or sovertie used in byeing and selling, quhilk the seller findis to the bier, to make the gudes furth-cummand, as his awin proper gudes, and to warrant the samin to him. For it is Statute, that na man shall buy any gear, except the seller thereof find him ane lauchfull pledge: quhilk is called Borgh of Ham-halde. And give it fall happen the gudes sauld and bought, to be challenged be ane uther, and the said pledge cannot find him, for quhome he is pledge, to relieve him of the said challenge: He shall pay to the Challenger, the triple of the thing challenged: And aucht Kine to the King, as ane un-law. And give he quha fawned the said pledge, relievis him not from the said damnage, he he sallbe banished the realm. Lib. 1. c. Statuit etiam 19 St. Alex. c. Statuit etiam 13. For generally the Cautioner hes good action, contrair the principal, for his relief. Lib. 3. ca 1, Is fine. And siklike within Burgh, the like caution suld be found in byeing & selling of all merchandise, except meat and drink, and uther things of small consequence. Leg. Forest. c. Nullus, 48. Et de jure civili venditor per evictionis praestationem, cogitur servare emptorem indemnem, eodem modo ac si domimium nactus esset. L. exempto. N. in prin. ff. de actionibus emp. vid. Hambaldare. vid. Hamsuken. Mairover, give any man becummis ane furth-cummand borgh for, ane uther, to make him forth cummand as ane hail man, it is sufficient, give he produce him personally, hail & sound before the judge, in lauchfull time & place. Bot give he be pledge for ane uther, that he salbe answerable as law will▪ he man satisfy for him in court, and to the party, to quhom he is pledge in all things, as the principal suld have done. Quoniam attach. c. ubi aliquis 11.  BOTHNA, Buthna, Bothena. 
L. 4. c. Si quis namos. 30. appearis to be ane Park, quhair cattle are said and inclused, ut in Libro M. Alexandri Skene, fratris mei germani, quandam in supremo Senatu Advocati. Quhlk in confirmed be Hector Boetius. l. 7. c. 123. Nu. 35. Cum scribit maritimam Thessaliae partem á vectigali, quod Regiis procuratoribus ab incolis in annos pendi solitum erat, cum gregum multitudine abundarent, Buth qahaniam appellatan, est enim, quhain, idem quod vectigal, prisca Scotorum linguaret Buth, ovium collectio: haec ille. And it is manifest, that the place in the quhilk the ȝowes are enclosed quhen they are milked, is commonly called an Bucht. Sicklike Aulus Gellius l. 11. c. 1, writts that Italy is so called a Bubus, 
Italy.  because Italoi in the old Greek language, signifies Oxen, of the quhilk there was great abundance and multitude in Italy, quhilk is confirmed be Paulus Vanefridus lib. 2. c. 24. Italia (inquit) ab Italo, Siculorum duce, qui eam antiquitus invasit, sive ob hoc Italia dicitur, quia magni in ea boves, h.e. Itali habentur, ab eo namque quod est Italus, per diminutionem, una litera addita, altera immutata, vitulus appellatur. Item Bothena. Stat. Wilb. c. 11. Signifies ane Barronnie, Lordship, or Schireffdome, as is manifest, Ex Libro Sconens. ca 99 Assis. Regis David: Et Dominus Bothenae, is the lord of the barony, land, or ground: Leg. Port. ca 1. in Libro M. Willielmi Skene, fratris mei, Commissarij Sancti Andreae. Pag. 149. c 79. item, It is statute and ordained, that the kings Mute, that is, the King's Court or ilk Bothene, that is, of ilk Schireffedome, salbe halden within forty days. Ass. Reg. Da. ca 6. in Libr. quondam M. Roberti Carbraith. I. C. Doctissimi.  BOTE, 
Ane old Saxon word, signifies, Compensation, or Satisfaction: As man-bote, theift-bote; And in all excambion, or cossing of lands or gear movable: The ane part that gettis the better, givis ane Boat, or compensation to the uther. Quhairof there is ane example in § Si familiae, instit. de Offic. judic. & id § quaedam actiones. Instit. de actionibus. 
Man-boate. Kin-boate. Thieft-boate.  Ane man-bote is assithment for the slauchter of ane man. Kinbote, for the slauchter of ane Kinsman. Thieft-bote, is quhen any man agries with ane thief, & puttis him fra the Law. I. 5.12. jul. Par. 1. c. 2. Or quhen any sellis ane thief, or finis with him, for thieft-dome done, or to be done. ja. 1. Par. 13. c. 137.  BOVATA TERRAE, 
ane oxen-gate of land. Li. 4. c. Si quis sederit. 23. Quhilk in sum buikes, is wrangeouslie written, Davata terrae. The Lords of the Session be their decreete. 18. julij. 1541. Esteemed and modified ane Oxen-gate of land, to twenty shillings in all duties ȝeirly. Bot in this I find na certain rule; For some land is mair fertile, and uther mair barren: Always, ane Oxen-gate of land, suld contain threttene acker: And four Oxen-gate, extendis to ane pound land of old extent, conform to the decreetes given be the Lords of the Chequer. 11. Mar. 1585. Patrick Mony-penny of Pilrig, and uthers, contrair Adam Bishop of Orlenay. And at the instance of John Criechtonne of Bruntstoun, contrair john Fontoun.  BREVE, 
Ane commoun word in the Laws and practicque of this Realm: And also in the Civil Law. Lib. 1. C. De exactorib. Tribute. Li. 10. leg. ult. c. the conveniend fisci. Debitorib. Lib. 10. Quhair, in the Gloss, it is called Schedulae, ane schort compendious write: Like as all brieves are conceived in few words, and are alswa called Brevicula. And in Rubr. C. de sentent. ex periculo recitand. Alciatus Lib. 1. Dispunct. cap. 21. Et Jacobus Cuiacius, Antonio Contio repugnante, Legunt ex Breviculo, id est, ex scripto breviori formula concepto. Because the sentences and decreetes of Ordinar judges, suld be red and pronounced in writ. Breve testatum, is ane writ or instrument, subscrived be ane public Notar; Or be twa witnesses, 
Breve testatum.  quha are called, pares curtis, vel curiae. b. c. Convassalli: Quha baith halds their land of ane superior. Cuiacius Lib. 1. & Lib. 2. Tit. 3. De feud. in the old Laws of this realm, divers and sundry Brieves hes been used and wont, quhairof mention is maid Quon. attach. c. de brevibus 31. And in sundry uther places. 
Brieves now in use.  Bot seven forms of Brieves allanerlie, are now commonly used. The first, the Brieve of Mortancestrie. The seconde, the Brieve of tutory. The third the brieve of Idiotry. The fourth the brieve of Terce. The fifth the brieve of line, or lineation of lands, and tenementes within Burgh. The sixth the brieve of division. The seventh, the brieve of perambulation. Quhairof the three first brieves are answered, and retoured again to the chancellary. And the uther four receivis na retoured answer. The cause of the diversity dependis upon the form of the brieves direct forth of the chancellary. Because the three first brieves in the end of ilk ane of them conteinis an command to the judge, to quhome they are direct, to send back again his answer to ilke point of the brieve. And the remnant four brieves hes na sick command; And theirfore requiris na answer.  BREVE de divisis faciendis, 
Is the brieve or summons of cognition, or molestation anent the property and commonty of Lands, anent the bounds, meithes and marches theirof, betwixt Neighbour, and Neighbour. Quhilk be the new act of Parliament, suld be decided be ane assize, before the sheriff, and his deputes. Ja. 6. p. 11. c. 42. It may be likewaies called the brieve of division, or of perambulation, or onie uther concerning the marches of lands, lib. 2. c. dicitur. 74.  BREVE de nova dissasina, 
quo. attach. c. de brevibus. 31. Is the brieve or summons of ejection, or spuilȝie. For dissasitor, is he quha ejectis onie man forth of the possession of his landis, without order of the law, as writis John Rastel. verb. dissasitor. And nova dissasina, signifies alswa spuilȝie, maisterful, wrangous, or violent spoliation & away taking of movable guds and gear. 22. March. 1547. William Lindsay contrair Alex. Chene. Molinans in stilo curiae parliament. part. 1. c. 10. c. 18. affirmis that nova dissasina, is that quhilk in the civil law, is called interdictum unde vi. And comprehends also interdictum uti possidetis. And in the Law of Normandy, li. 8. c. 3. it is called interdictum recuperandae possessionis. vid. dissasina.  BREVES pleadable, breve placitabile, 

are all sick brieves, quhilkis are persewed and defended be ane ordinar form of process before ane competent judge, at the instance of ane persewer against ane defender. For it is Statute, that na man shall be ejected forth of his land or tenement, quhairin he alledgis him to be vest and saised, bot be an brieve pleadable or sum uther brieve accordand theirto, & that the said person be lawfully summound, to answer upon his heritage, at ane certain day & place. Stat. 2. Rob. Br. C. Item. 25. quhilk is conform to the acts of Parli. ja. 3. P. 6. c. 41.   BREVE de recto, 
the brieve of riched was used before the Justice general and his deputes in decision of the ground, riched and property of lands, and reduction of infeftments, the quhilk form of process is declared at length, in the first buike of Regiam Majestatem, and in quo. attach. c. de brevibus. 13. and be the Lords of council and session is discerned notched to have been, nor ȝit to be their money ȝeires in use, and theirfore they find themselves, conform to the institution of the College of Justice, and jurisdiction granted to them, to be judges competent in all causes of heritage, vlt. Februar. 1542, Patrick Weemes contrair Forbes of Reres.  BREVE de morte antecessoris, 

the brieve of Mortancestrie. l. 2. c. generalia, 25. Or the brieve of succession, or of consanguinity, the iudicib c. Natura. 158. Or breve inquisitionis. Stat. Rob. 3. c. 1. Or the brieve of inquest. I. 4. p. 6. c. 94. Albeit all brieves are inquisitions, because they are determinat per inqusitionem patriae, de iudicib. c. cum quis. 152, or the brieve of recognition, breve recognitionis Stat. 2. Rob. Br. c. Item. quia 23. It is the mayst necessary, common and profitable brieve, or inquisition that is used be the lieges of this Realm, quhairby ane desires, to be served and retoured, as narrest and lauchfull air to his father or uther predecessor. This brieve is razed forth of the chancellary and persewed be ane appeirand air of perfect age, 
The persewer of the Brieve.  for recovering of his lands, forth of his superiors hands: togidder with all the proffites and commodities theirof. leg. forest. c. et si haeres 71. The raiser of the brieve at the samin time suld find caution to pursue and follow the brieve, and his claim conform theirto. lib. 3 c. generalia. 25. 
The Judge.  Be the old law of this Realm, the justice general and his deputes haveand jurisdiction notched only in criminal causes, bot also in civil actions, was judge competent to the service of this brieve. quon attach. c. de brevibus. 31. Bot now the samin is served before the sheriff, Stewart, baillie, or onie uther judge havand power and jurisdiction. Stat. Rob. 3. c. 1. Or before judges delegat be commission, granted be the Lords of Council, 
Proclamation  for the serving of the said brieve. ja. 5. p. 6. c. 82. The brieve suld be proclaimed upon fifteen day's warning exclusiuè. That is upon fifteen days, notched comptand the day of the service of the brieve to be ane of them, be sick people, as hes power be their office or commission, to proclaim the samin, in ane lauchfull, public, and convenient place: That is to say, in the principal Burgh of the Schireffedome, Balliery, or uther place quhair the lands lies: at the mercat croce theirof, and in mercat time of day, before twa witnesses at the least, to the effect that the knowledge theirof may come to the audience of all parties, havand or pretendand enters theirintill, and theirafter the brieve suld be lawfully execute and indorsate, 
Indorsation.  be the officiar, executor theirof, and stamped with his seal or signet before the samin be presented in judgement. Stat: Rob. 3. c. 1. I. 1. p. 9 c. 127. 1. 4. p. 6. c. 94. 1. 6. p. 11. c. 60. In registro 16. No. 1537. It is necessary and also lesum to the sheriff, or onie uther judge of this brieve, 
Assize suld be summound.  to summmond certain persons mayst worthy within his jurisdiction to pass upon the assize, and that upon the space of fifteen days, or ȝit give he pleasis upon ane schorter time, and give they be present in the tolbuiths un-summoned, it is leasum to the Judge to compel them to pass upon the said inquest. ja. 4. p. 6. c. 94. And all sick people summoned and notched compeirand, are charged at the bar and dissobeyand, suld be discerned in ane unlaw and amerciament of court; The brieve beand lawfully proclaimed, and the persons of inqueist likeways summoned, and the day of compeirance being cum: the persewer exhibitis and presentis the brieve duly execute and indorsate, in judgement to the Judge, and desiriss him to cause the samin be red, and put to the knowledge of ane assize: Thereafter the officiar; executor of the said brieve, be his great aith, 
Verification of the brieve.  shall swear judicially, that he did execute the samin brieve, conform to the indorsation thereof in all points, and the witnesses insert there-in-till, shall also make faith, that they heard, saw, and bystude, quhen the said officiar did execute and proclaim the Brieve, in sick manner, as is contained in the indorsation thereof: The brieve and indorsation being swa verified, 
Defender.  give any person havand entresse, compeiriss to defend and object against the brieve, he sulde have inspection thereof, give he desiriss the samin: And give he proponis any relevant exception, declinatour, dilatour, or peremptour: He thereby castis and annullis the Brieve, either until ane new brieve be raised again, or simpliciter in all times coming: utherwaies, give he hes na reasonable exception or defence to stop the brieve; the samin shall pass to the knowledge of ane assize, Quoniam attach. c. de brevibus. 13.  

An assize is chosen.  THAN Certain lauchfull men mayst worthy, and quha beast knawis the verity, to the number of Thretteene, or fifteen, are chosen in judgement, in presence of the persewer, and defender: Or in presence of the persewer, and in absence of the defender, knawin to have enteresse, and being lawfully summoned, and notched compeirand, to the said election, to object against sa money people, as he may leasumlie stop be the law, to pass upon the assize: For like as it is necessary, that he be anis summoned: Swa give he compeires notched, being lawfully summoned, the brieve suld receive process, and pass to the knowledge of ane inquest, at the desire of the persewer, in absence of the defender. Lib. 3. c. Generalia. 35. ass. Reg. Da. c. sciendum est. 44. lib. 4. c. Si petens. 57 
Continuation of the brieve.  Quhilkis people, nam lawful objection maid against them, suld be received, sworn, and admitted: And therefore are called Juratores. vid. Bona Patria. And give they, or onie ane of them be sworn and received, the judge may continue the brieve to ane uther day, give he pleasis, and as necessity requiris: utherwaies the continuation thereof, is notched leasum, without the consent of the party, after the claim is given in; And inquisition taken in the cause, give the people of inquest, being weill counselled, 
The claim Service negative.  and advised, deliveris and servis Negative, in favoures of the defender, and finds the persewer na ways nearest and lauchfull air to him quha died last Veste, and saised in the Lands acclaimed: In that case the defender dois bruik and joyis the possession of the said lands, and the persewer is debarred and secluded therefra. Bot give the assize deliveris and servis negative, as said is, or affirmative, 
Service affirmative.  in favours of the persewer against the defender, conform to the claim in all points: This their answer to all and sundry the points of the brieve, sealed with all their seals, or of the mayst part of them, togidder with the seal of the sheriff, or uther judge closed, and the brieve enclosed therein (to the effect the same may be conferred with the answer) is sent back and retoured to the chancellary, conform to the King's command, 
Retour.  contained in the end of the brieve. Stat. Ro. 3. c. 1. Quhilk therefore is called ane retoure. 
Twa kinds of retours.  And it is to wit, that there is twa kinds of retoures, or answers maid be the persons of inquest, to this brieve, and retoured to the chancellary: The ane is general and the uther special: The general is, 
General retoure and air.  quhair na lands or tenements are specially acclamed or soucht be the persewer of the brieve: Bot only it is desired, that he may be served and retoured generally, nearest and lauchfull air to his Predecessor: To the quhilk general claim, ane general retour is maid, be virtue quhairof the said general air, hes good riched and title to all contracts, obligationes, and reversiones, and to the movable aire-schip guds. quhilkis pertained to his predecessor, and were not discharged, or disponed before his decease, in his liege poustie: And siklike, he may pursue, and defend quhat sumeever action competent to him, be decease of his said predecessor, to quhom he is served air general. 8. March. 1540 james Scot, contrair 〈…〉 Blair: The special answer and retour is, 
Special retour.  quhen the persewer of the brieve, claimis special lands, and the people of inquest givis ane particular and special answer to ilk special point of the brieve. l. 16. 4 c. statuit Dominus 45. The quhilk is direct and send to the director of the chancellary, to be tried be him, give the samin be conform to the direction and order of the brieve in all points. Here is to be understand, that the lands contained in the retour, are halden immediately of our Sovereign Lord the King, or of any uther superior. Give the lands be halden of the King in chief, the director of the chancellary, commandis his Clerks to direct ane precept, under the testimonial of the great seal, called the quarter seal, in quhite Walx, to the sheriff of the Schire, quhairin the lands lyis: commanding him to give saising to the person retoured, or his Actournay, of the lands contained in the retour: And to take security of the mailles and duties of the lands, sa long as they are retoured, to have been in the hands of the King, or his Predecessoures', be reason of ward, or none-enteresse, quhairof ane memorial is made in ane buike called, Respond, vid. Respond. 
Of lands retoured, halden of an uther superior.  Give the lands retoured be halden of ane uther immediate superior than the King: The director of the chancellary, directis ane precept, chargeing the superior, to give saising to the person retoured, of all and sundry the lands contained in the retour: He doand to him therefore all quhilk he is obished to do be the Law: Quhilk precept, give the superior dissobeyiss, beand required personally, or at his dwelling place, to obey the samin: And for verifying thereof, 
The second precept.  ane authentic instrument reported to the chancellary: Then the second precept, called Meminimus, is direct to the said superior, bearand in effect, that the King remembrand, that of before he gave command to him to give saising: quhilk command as ȝit is notched obeyed, quhairof he mervailis: And therefore ȝit, as of before, charges and commandis the said superior, to give saising to the person retoured, of the lands contained in the retoure. 
The third precept.  And give ane uther authentic instrument be reported to the chancellary for verification of the superiouris disobedience the second time; The third precept called Furchae, is direct, commanding him to give the said saising, or utherwaies give he disobey, the king certifies him, that he will direct his uther precept to his sheriff to give the samin. In the execution of all their three precepts, it is not necessare, that the superior shall be personally apprehended. 
The fourth precept of the schireff.  But it is sufficient give he be sa charged in the execution of any ane of them. The third precept and charge being likeways disobeied, and the samin disobedience lawfully verified, as said is: ane precept is direct forth of the chancellary, to the schireff and his deputes of the schire within the quhilk the lands retoured lies. Make and mention, that the King hes given command be his uther letters, to N. Barron and his deputes, that he without delay suld give saising to the person retoured, or his attornay of the lands contained in the retour, quhilk give he dois not, he commands and charges the schireff, to give saising of the said's lands with the pertinents without delay, saisand ilk man's riched. Quhilk precept being obeyed be the schireff, and saising given conform theirto: the superior who was three times charged of before and refused, be reason of his disobedience, tynis and forefaults the superiority of the lands quhairof he refused to give saising enduring his lyfetime. Quhilk superiority, shall pertain to his immediate superior, quhidder that be the King or any uther. And after his deceas, his air being served and retoured to the superiority of the samin lands, recoveris the said superiority quhilk his father did tine throw his disobedience. 
Twa manners of tinsel of superiority.  And sa be the law and practicque of this realm, ane superior may tyne and forefault his superiority. First, quhen he is entered and saised in the superiority, and being charged be precepts of the chancellary, refusis to receive his vassal, & tennent, served and retoured to the property. In the quhilk caise be reason of his contempt and disobedience of the King's precepts and command, he tynis the superiority, enduring his lyfetime, without any declaratour, or decreit of ane judge. Secondly, quhen the superior is not entered nor saised in the superiority, and is charged be the Lords letters raised be his vassal, to enter within forty days thereto, to th' effect he may enter to the property. The quhilk forty days being bypast, at the instance of the vassal, he may be discerned be decreit of the Lords of the Session, to have tint his superiority, and to satisfy the party grieved. ja, 3. p: 7: C: 57: And in baith the caises foresaid, the vassal, or tennent, salbe entered and hauled of the King, or the uther immediate over-lord, to him quha contempnandly disobeyed. 
Precepts of saising given conform to retoures be commission.  Last of all, concerning the giving of saising conform to brieves served and retoured before the judges, commissioners the form and order of the Chancellary above written, suld be keeped and observed, and give the lands retoured be halden immediately of the King: the precept of saising suld be direct to the Schireff and his deputes. For the Lords auditors of the Chequer, statute and ordained, 8. Aug. 1528. that in time coming, the clerk of the chancellary, upon the brieve served be an commission, shall direct the precept of saising, to the principal schireff of the schire, and make the responsion upon the schireffs head, notwithstanding the said commission, quhilk is ordained allanerly to have effect, anent the serving of the brieve, and not anent the giving of the saising. And true it is, that all saising past upon precepts of the chancellary, suld be given be the schireff clerk or his deputes, for the quhilk the schireff shall answer. ja. 5. p. 6. c. 77. Mar. p. 6. c. 34.   BROCCARII, 
In statutis gildae, signifies lockers, brockers, mediators, or intercessors in onie transaction, paction or contract. As in buying and selling, or in contracting of marriage. In the civil law they are called, Proxenetae. Lib: 1: & tot. tit. de Proxenetis.  BULLION 

ane French word, Bilon, signifies uncunȝied silver or gold, quhairof silver or gold is, or may be cunȝied or stricken: sick as Balluca, in greek Chrysamenos. h e. aurea arena, quae ex terra effoditur lib 1. c. the metallar. l. 11. In the English laws it is called Plate. In the acts of parliament of this realm, it is statute and ordained, That merchands shall bring hame Bullion, quhairanent the Lords of chequer maid this ordinance, At Edinburgh the 10. day of Janua. 1597. In presence of the Lords of chequer compeired personally, the Provest, Bailies and Thesaurer of Edinburgh, with certain merchands their nichtbors, and gave in their supplication, desiring the A. B. C. of Bullion to be explained, and an solid order to be taken with the express quantity of Bullion, quhilk they salbe astricted to pay presently, & in all time heirefter. After consideration quhairof, & conference had at length with them, upon the particularities concerning the said matter of Bullion. The said's Lords of chequer, with consent of the said's Provest and Bailies, for themselves, and their remanent nichtbors, and merchands of this realm; hes statute and ordained, that all merchands shall in bring and pay in all time coming, for ilk last of hides, sex ounces Bullion: For ilk last of Salmond, four ounce bullion: For ilk 4. hundreth claith, four ounce bullion: Forilk serplaith of wool, four ounce bullion. And for all uther waires and merchandise transported be them forth of this realm, for ilk serplaith of gudes, or sameikle as payis ane serplaith of fraucht: The said Merchand shall pay, four ounces of bullion: And until mair perfect knowledge, be had of the just quantity of the serplaith, ordainis twa tun fraucht, to be counted to the sek: And twa sek fraucht to the serplaith. And the said bullion to be inbrocht to the Cuinȝie-house be the merchants: And payment to be maid to them for the samin, conform to the act of parliament maid there-anent, upon the nineteenth day of December, last bypast.  

Ane A. B. C. of the Bullion, set down be the Lords of Chequer, for gudes transported forth of the Country. And declared be them, to be conform to the acts of Parliament, And the act of Chequer, above specified. 13. Febru. 1597.  
The last of drinking bear. ij. ounce burned silver  
The last of Quheate iiij. ounce  
The last of Bear iij. ounce  
The last of Malt iij. ounce  
The last of Rye, and Rye meal, ij. ounce  
The last of Killing, Codlinge and Ling ij. ounce  
The last of Olie ij. ounce  
The last of Orkney butter ij. ounce  
The last of Herring ij. ounce  
The last of Salmond iiij. ounce  
The last of Saipe ij. ounce  
The last of Ass two. ounce  
The last of Pick and Tar ij. ounce  
The last of Lint and Hemp ij. ounce  
The last of Irne ij. ounce  
The last of Copper containing 14. schip pund ij. ounce  
The last of Hart hides, dry hides, and salt hides vj. ounce  
The tun of wine i. ounce  
Ilk four hundreth of claith iiij. ounce  
Ilk seck of scheip-skinnes containing 500 ij. ounce  
The serplaith of lambskins containing 8000. iiij. ounce  
The serplaith of cunning-skins containing 16000 iiij. ounce  
Ilk serplaith of futfelles containing 4000 iiij. ounce  
Ilk seck of gait-skins containing 680. ij. ounce  
Ilk three chalder of salt i. ounce  
Ilk hundreth of dailles i. ounce  
Ilk last of Narvis talloun ij. ounce  
Ilk ton of lead i. ounce  
Ilk four chalder of coals i. ounce  
Ilk three hundreth of dry fisch ij. ounce  
Ilk thousand ling or killing in peil ij. ounce  
For ilk four cradill of glass ij. ounce  
For ilk seck of wool containing twenty-four. stanes ij. ounce  
The last of wax, containing fourteen. schip pund ij. ounce   
BURLAW, Byrlaw. Laws of Burlaw are maid, and determined be consent of nichtbors, elected and chosen be common consent, in the courts, called the Byrlaw courts. In the quhilk, cognition is taken of complaints betwixt neighbour and neighbour, lib. 4. c. The quhilk men sa chosen, as judges and arbitrators to the effect foresaid, are commonly called byrlaw men. It is an Dutch word, for haur or haursman in Dutch, is rusticus, an husbandman. And sa byrlaw burlaw, or baurlaw, leges rusticorum: Laws maid be husbandmen, concerning nichtbour-heid to be keeped amangs themselves.     

C  
CADROW, 
quhairof mention is maid in the act of P. printed. 1568. ja. 2. 4. An. 1454. c. 41: wrangously, for cadȝou, because forth of the barony of Cadȝou; an ȝeirly pension or annuel-rent of 26. pound 13. schil. 4. pen. was paid to the King in the chequer; as is manifest in the Schireff-rolles. ja. 2. 1456. and likewaies in the Schireff-rolles, ja 3. 1487. in the quhilk rol, the barronny of Cadȝou is called Hamilton, & in divers uthers' rolls.  CANUM, Cana. 
In sundry charters and infeitments of lands, specially halding of the church, is commonly used; for the duty and revenue quhilk is paid to the superior, or lord of the land, and specially to bischops, or kirk-men, quhidder it be quheat; beir,, aites; or uther kind of victuals: salt; or sums of money, as is manifest, ult: feb. 1509. The King contrare the L. of Balmonth. Ȝit nevertheless, the lands of Kilconquhair; liand within the schirefdome of Fyfe, are retoured to be halden be service of ward and relieve, payand an certain sum of silver, nomine cani. to the B. of S. Andrews. Quhilk to be weill done, I cannot affirm: for it is certain, that all lands halden nomine cani, payis ane certain sum of silver, or some uther certain duty, particularly expressed in the infeftment. Sa give that manner of halding be like to the halding be service of ward and relieve: of necessity the samin mon be ane taxed ward, and during the time thereof, the tennent suld pay na mair but the particular sums or duty contained in his infeftment: Canum, appeirs to be an Irisch word; for Keane signifies the head, as King Malcolm Kenmoir, grandis Capite, vel capito, great head: and likewaies kain or Chan, is called tribute, paid be the servand, or subject to the master, as I have red in ane old authentic register of the bischoprik of Dunkeld, quhair it is called Chan or Chanum. And amangis the Romans' there was twa kind's of tribute: ane real, quhilk was impute be reason of the quantity of the lands and guds immovable, quhilk is called jugation, quod pro modo jugerum imponebatur. l. 9 C. the agricol. & censil. lib. 11. Ane uther personal, quhilk was enjoined to the person: and is called capitatio, quod pro capite hominis praestatur. d. l. 9 cum. l. seq. & ibi gl. l. sacrosanctae. 8. C. the sacrosanct. eccles. l. ult. C. the anon. & tribute. lib. 9 And in the Evangel, licetne dare censum Caesari. Theod. Beza interpretit, licetne dare capitationem Caesari. Aulus Gellius, and uther latin writers makis mention of them quha was taxed be the head or pow. In latin capite censiti. Sa this word Cane signifies the head, or rather tribute or duty, as Cane fowls, Cane cheiss, Cane aites, quhilk is paid be the tennent to the master as ane duty of the land, specially to kirk-men and prelates, quha in the time of their greatness and supremacy, used ane form and stile, divers from uthers: and the old form of precepts, given in the time of K. Robert ȝit extant, anent the in bringing of the K. rents, contains censum, Cana, reditus, custumas. And canage of wol, or hyds, is taken for the custom theirof, le. navium fol. 171. in li. M. Willielmi Skene, commissarij Sanctundreae fratris mei germani. Specially, quhilk is given for the mending and up-halding of the haven for schips. leg. burg. c. ult. in lib. Carbraith.  CAMPIONES, 
ane word commonly used in singular battle: For in old times, quhen controversies, and debates could not be utherwise decided, bot be singular battle: the parties did either fetched in proper person, or conduced, and fied for wage uthers to fetched for them. Quha war called campiones, because they fought in campo, or in the fields, the judic. c. 93. Albeit sumtime they did fetched in the K. palace. lib. 4. c. stat. 38. and sumtime in the common streits. quo. attach. c. apud Dumfreis, 59 stat. Alex. c. apud 28. from the quhilk consuetude cummis the common saying: Do thou riched, do thou wrang, cheiss thou a campion strange: for this is the law of Scotland. Because in all actions▪ and quarrels decided be campions in singular combat: That party did win the cause, quhais campion was victorious, & he quhais campion was vanquished and overcum in battle, did tine his cause. vi. Duellum gladiatores, or duellatores, are forbidden. l. unic. C. de gladiatoribus.  CATALA, 
an French word, Chattel, as is commonly taken in the laws of this realm, for all guds and gear movable, li. 2. c. cum quis. 52. c. usuratii, 53. c. 55. ubi res mobiles dicuntur catalla: and likewise in the laws of Normandy gudes movable, signifies all things, as possessions quhilkis may be removed fra ane place to an uther, and commonly are called cattle, as horse, claith, gold, silver, and uther sick things. li. 5. c. 1. l. 8. c. 1. Like as haereditas, or heritage, signifies all lands, & immovable guds in the said law of Normand. li. 8. c. 1. And also in the laws of this realm. li. 2. c. 53. stat. gilled c. item quod quicunque 19 and leg. burg. c. si contigat. 104. give ane burges deceas without an testament, his air, and his cattles, salbe in the keiping of the kinsmen of the mother side, called cognati. And his heritage in the keiping of his kinsmen of the father's side, called agnati.  CATHORIUS, Catherius, 


The pain of him quha is convict in battle, or break the King's protection.  quhat it signifies, I cannot well declair, always it is equivalent to the valour of 9 Kine, St. Alex. c. apud. 28. quo. at. c. apud 59: quhair it is statute, that give any person beiss convict in singular battle, or utherwaies of breaking of the K. protection, or peace: he shall give to the K. viginti duas vaccas, & tres cathorios, vel pro quolibet cathorio novem vaccas. It is true, that cantherius in latin, signifies an gelded horse: fra the quhilk comes the latin proverb, cantherius in fossa, against them quha being unable, and not qualified, seiks and cravis offices, quhairin they can do na mair service nor a horse or horseman can do, being enclosed within an souse: and siklike cantherius in porta, 
Cantherius  quhen ane horse being led forth of the stabil, in the port, or in the beginning of his journey, snappers or fallis with his master: The superstitious peopill esteemed that to be ane evil presage of the journey.   CARRUCATA terrae, 
Ane French word, for charron, is ane pleuch, aratrum, and contains alsmeikle an portion, or measure of Land, as may be tilled, and laboured within yeire and day be ane pleuch. lib. 1. c. does. 19 
Hida terrae.  Utherwaies in the samin place it is called hilda terra, vel hida terrae, quhilk is ane word used in the old Briton Laws.  CARTA extensa, or extenta, 
Ane charter quhilk conteinis ane disposition of lands, with certain meithes, and marches, utherwaies called an boundand charter, quon. attach. c. stat. dominus rex. 62. ass. reg. Da. c. statuit per consilium, 36. Stat. Wilh. c. 7.  CAUPES, Calpes, 
in Galloway, and Carrict, quhairof mention is maid in the Acts of Parliament. Ja. 4. p. 2. c. 18. 19 signifies ane gift, sick as horse, or utherthing, quhilk an man in his awin litetime, and liege poustie gives to his Master, or to onie uther man, that is greatest in power and authority, and specially to the head and chief of the clann, for his maintenance and protection, like as for the samin effect and cause sundry people payis Blackmaill to thiefs, or mainteners' of thiefs, contrair the laws of this Realm. Bot in the Isles and Hie-land of this Realm, the calpes are presently paid be him quha oblishis him theirfore, after his decease. Swa the Hereȝelde is paid be provision of the Law: and the Calpe is given be special paction, and obligatione, baith the ane and the uther after the decease of the debtor. Bot the Hereȝelde, suld be first paid to the Landlord, and an notable oppression is used in taking up of the Caupe. For give the chief of the clanne oblishis him to pay ane Calpe: after his decease, ane Calpe is paid for him. And also quhen onie of his clanne deceasis, ane calpe likewaies is paid for ilk ane of them, he reasoun of the promise maid be their master and chief. Perinde acsi obligatio sactaper principem tribus, obligaret singulos ex tribu.  CEPUM animalium, 
the taulch, creische or satnes of beasts leg. burg. c. si quic scienter. 71.  CHAMPERT, 
ane bud, or gift, taken be onie great man, or judge sra onie person, for delay of just actiones, or furthering of wrangous actions: quhidder it be lands or onie gudes movable. Stat. 2. Ro. Br. c. dominus Rex. 22. Champert in the laws of England is quhen the judge be himself directly, or be onie uther indirectly, manteines the play, to obtain the maintenance of the ane party against the uther, john Rastell, ver. Champert, In the civil law, pactum de quota litis, is unlesum and forbidden l. 5. C. the postuland. l. si contra 22. C, mandati.  CHARDONES vel Cardones, 
Cards wherewith wol is carded and wrought. leg. burg. c. de parva custuma 137. fra the French word, Chardon from Cardum ane thrissill, to the quhilk the Cards are like in scharpnes and in multitude, or similitude of money scharp pikes, and teith.  CHAUDMELLE, 
in latin Rixa, ane hot sudden tuilȝie, or debaite, quhilk is opponed as contrar to forthoucht felony. Ja. 1. p. 6. c. 95. vid. Melletum, vid. Forthoucht felony.  CHEQUER, and the form of compte maid theirin. 
vid. Scaccarium, vid. Ballivus.  CLANMAKDUF 

the judic. 78. The croce of Clanmakduf dividis Stratherne fra Fife abone the Newburgh, beside Lundoris. The quhilk had privilege and liberty of Girth; in sick sort, that quhen onie manslayer, being within the ninth degree of Kin and bluid to Mak-duff, sumtime Earl of Fife, come to that croce, and gave 9 kie and an colpindach, he was free of the slaughter committed be him. In the stanes of this Croce, I saw sundry barbarous words and verses written, quhik here willingly I pretermit, and ȝit sum of them appearis to be conform to this purpose; Propter makgidrim & hoc oblatum, Accipe smeleridem super lampade limpida labrum.  
King David the 2. gave and disponed the Earldom of Fife, with all privileges & cum lege quae vocatur Clan-makduff, to William Ramsay and his airs, quhilk charter is ȝit extant in the Register. Hector Boetius lib. 12. declares three privileges given to Mak-duff, his clanne and family, 1. that the Earl of Fife suld set up the King in his Chyre, the time of his Coronation: 
Chyre.  the 2. that in the time of battle, he suld secht the want-gard. The 3. that Mak-duff and his clanne suld have the privilege and riched of regality. And I saw an old evident bearand, that Speus of Wormestoun beand of Mak-duffs Kin, enjoyed the benefit and immunity of this Law, for the slauchter of ane called Kinnynmouth.   CLAREMETHEN, Clarmathan, 
the Law of Claremethen concernis the warrandice of stolen cattles, or gudes: for quhen sick gudes are challenged, or repeated be the just awners theirof: It is statute and ordained that all people, quha suld warrant the samin, shall come to certain places, specially nominat and apppointed to that effect, and lawfully warrant the samin. lib. 1. c. haec sunt loco. 22. Stat. Alex. c. de Catallo, 12.  CLARIFICATIO 
quo attach. c. si quis appelat. 46, The purging or clenging of ane assize. assi. Reg. Da. c. 3. Clarificatio debiti, the clearness of ane debt, quhilk is not our and clear in the self: Or clearly, and sufficiently proven and verified. leg. Forest c. probato. 86.  CLEP, and Call, 
ane form of Claim petition, or libel, or certain solemn words used specially in criminal causes, for sum claims were conceived simply, without onie solemnity of words, as in the brieve of distress, or poinding for debt. quon attach c. de brevibus 31. uther claims were libelled and conceived in ane certain solemn form, as in pleyiss of wrang and unlaw, in the quhilk clepe, and call, was used as ane certain solemnity of words prescrived be the Law, and observed in the practik▪ as when the persewer did clep, and call, the defender with wouth wrang and unlaw, in harming and skaithing of him of sick ane thing, or of sick ane sum of silver mair or less, to his great harm and skaith.  COLPINDACH, 
an ȝoung beast, or Kow, of the age of an or twa ȝeires, quhilk now is called an Cowdach, or quoyach, quhairof the price was 30. d. leg. Ma. Ma. c. 4. It is an Irish word, and properly signifies ane sut follower.  COLLISTRIDIUM, Collistrigium, quod collum stringat. 
Quhilk may be called the Joggs, and is ordaned for punishment of baxter's leg. Burg. c. si aliquis. 21. quhair it is called an pillory, or stocks, or onie band wherewith the craig, or hals is bund, as an halse-sang, in the laws of England, anno. 51. Henr. 3. in latin Numellae. 
Numelia.   CONQUESTUS, 
quhairof frequent mention is made in the laws and practik of this Realm, is different from heritage. Because heritage signifies lands and immoveabil gudes, quhilk perteinis to onie person, as air and universal successor, to his father, or onie uther predecessor: and be the civil laws hareditas nihil aliud est quam successio in universum jus, 
heritage.  quod defunctus habuit. l. hereditas. 62. the regul. jur. l. nihil. 24. de verb. signif. and be the municipal law of this realm, the eldest son succedis jure universali in universam hereditatem patris sui. lib. 2. c. cum quis. 29. Conquestus signifies lands, quhilk onie person acquiris and possessis privato jure, vel singulari titulo, veluti donatione, vel singulari aliquo contractu. lib. 3. c. cum verò. 28. Quhilk is conform to the civil law, ubi quastus dicitur lucrum, quod exemptione, Venditione, locatione, conductione, vel generaliter ex opera cujus descendit. l. coiri. 7. cum seq. ff. pro Socio. Et de jure hujus regui, conquestus cujuslibet liberi hominis legitimi, qui moritur de ipso sasitus haereditariè, sine haerede de corpore suo, gradatim ascendit: haereditas verò gradatim descendit. Stat. Wilh. c. notandum. 24. leg. Burg. c. sciendum. 155. Stat. Rob. 3. c. 3. vid. post-natus. And it is to be observed, that give conquest lands, after the decease of the conqueror, do is anis ascend, to any person, quha theirafter happenis to decease, the samin lands shall descend, as heritage to his hearest air, because conquest do is allanerlie anis ascend, and thereafter perpetually descendis to the righteous air, give onie be; quia conquestus dicitur ratione primi conquestoris, & cum transmittitur ad ejus haeredem, exuit naturam conquestus. & induit naturam haereditatis.  CORONER, 
Crouner inquirs be ane inquest anent murder and slaughter done, and committed quietly. The quhilk inquisition suld be taken in the high streites, or in open places, in corona popuit, for the quhilk cause he is called coronator, or ȝit because the violent death of the subject's perteins to the King's Crown, and power. Quhair anent the crouner takis inquisition, as said is D. Thomas Staith lib. 2. c. 23. of the common weill of England, Read the English laws anno. 4. Edward. 1. c. 2.  CREFFERA, or hara porcorum, 
ane cruife, or ane swine's cruif. leg, burg. c. Nonlites. 87. quhilk in sum old buikes is called ane Sty.  CRO, Croy, 
in the acts of Parliament. Ja. 1. p. 6. c. 93. is ane satisfaction or assithment for stauchter of any man, The quhilk the judge suld pale to the narrest of his kin, in case he minister notched the Law as he suld do. Ja. 1. p. 6. c. 89.  CULRACH, 
sometimes is called an forth command borgh, but mair properly it may be called an backborgh, or cautioner, for quhen any havand power, or jurisdiction replegis any man fra an uther man's court, to his awin court, he suld leif behind him in the court, fra the quhilk the replegiation is maid, an pledge or cautioner quha salbe bundin and oblished, that he quha usis the replegiation, fall do justice within ȝeire and day in his awin court, to the party complainand, upon the person quha is repleged. Quhilk cautioner left in the court be him, and behind him quha usis the replegiation, is called Culrach. lib. 4. c. si cue is in alterius 20. quo attach, c. 3. mod, ten, cur. c. 12. de Judic. c. 28. And give the party complainand gettis nam reason in that conit, to the quhilk, the defender is borrowed and repleged, he shall have regress again to the first court, fra the quhilk the replegiation was maid, and their shall the mute, and play be ended, and the Cultach salbe in ane unlaw, give the party persewed compeirs notched, and he quha used the replegiation, and did notched Justice, shall tine his court for ȝeire and day.  CURIA, 
Ane court, quhairof sum are superior and sum inferior, leg. Malc. Mak. c. 4. vide Amerciamentum. The supreme court is the Parliament, quhilk hes jurisdiction of all matters Ecclesiastical, civil, and criminal. All courts by and attour the ordinar people of the judge, the persewer and the defender suld have certain uther people and members, quhilkis are called claves curiae, the keys of the court, that is ane lauchiull officiar or serjand, quha suld summoned, 
Claves curia.  attach and arreist the parties. Ane lauchfull Clerk quha suld inform the assize, and the dempster, and hes the cure and keiping of the process. Ane suitor quha wardis and pronunces the waird, and interlocutour of the Court. Ane dempster or doomester quha gives the doom or sentence definitive, conform to the information of the Clerk or Judge.  CURIA christianitatis 
lib. 2. c. debet autem, 37. lib. 1. c. platitum, 17. Is called the ecclesiastical jurisdiction or court, uther ways forum ecclesiasticum, lib. 1. c. 5. Curia Christianitatis opponitur laicali seu saeculati, lib. 2. c. cum aliquis 59 lib. 3. c. preterea, 23. For unto the ane perteinis the ecclesiastical, and to the uther the temporal or secular jurisdiction.  CURIALITAS, curialitie, courtesy, 

from the French Curtoise, civility, gentleness, humanity, for the law of courtesy, is an gentle and favourable ordinance or constitution, granted and observed in this Realm, and notched universally keiped, or used in uther countries, And therefore it is called Curialitas Scotia, the courtesy of Scotland. And in the laws of England lex Anglia, or the courtesy of England, within the quhilk twa realms and nane uther this law is in use. That is quhen onie man maries lawfully ane wife, and receivis land and heritage with her: And it happen that he beget with her ane bairne, quha being borne, is heard cryand betwixt four walls of ane house: And thereafter his wise deceasis before him, he shall bruik and possess, all the lands quhilks pertained to her, enduring his life-time, albeit the bairne live or decease. Lib. 2 c., cum itaque 58. The bairne borne, being son, or daughter, maill, or femaill de judic. c. Maritagium. 127: Quhilk law hes place in lands and heritage, lyand without burgh, halden of the King or any uther superior: And also in lands and tenementes lyand within burgh and halden in free burgages. Leg. Burg. c. si aliquis. 44. This Law is notched introduced in favoures of the wife or bairnes, bot is maid in favoures of the husband allanerlie. And therefore it is notched necessary that he have onie saising, infeftment, or uther riched, to the lands quhilk pertained to his wife heritablie: Bot only the benefit and privilege of the courtesy, quhilk is valiable and sufficient to him enduring his life-time, for bruiking and possessing of the lands, and for removing, out-putting and inputting of tennentes, in sick manner as give he were proprietare, lyfe-rentar, tackes-man or rentaller. And maire-over, the Law of the courtesy is extended in favour of the Second husband. And theirefore give ane man maries ane heretrix, and after his decease, she marry ane Second husband, and bear to him ane son, or ane daughter, and thereafter she deceases, her second husband aucht and sulde bruike and jois the privilege of the courtesy, in sick manner as give the first husband micht have done, incase his wife had deceased before him. lib. 2. dic. cap. 58. de judic. Cap. 127.  
As concerning the estaite and quality of the woman that is married, it is necessary that she be heritably infest and saised in the lands as air to her father or uther her predicessoures. Bot it is notched necessarily required, that she be ane virgin and maiden. Because the courtesy perteines to the second husband, quha maries ane widow as said is. Always quhidder the wife▪ be widow, the time of her second marriage: or virgin and maiden, the time of her first marriage, necessarily she suld be ane heretrix, air, or universal successor to her Father, Mother, or to sum uther of her predecessors. For give the wife hes only riched and titill to the lands and heritage, as singular successor, be virtue of onie contract, veluti titulo emptionis: Her husband after her decease can never claim riched to the landis, enduring his life-time, be the courtesy of Scotland. Twenty aucht Januar, an thousand, five hundred, ninety five. Robert Lundie of Balgony: contrair Robert Balfoure of Dovane. The courtesy hes notched place quhen na bairne is borne in lauchfull marriage, for it is necessary that ane bairne be borne mail or femaill, quick and liveand: And for probation theirof, he mon be heard cryand, for the courtesy hes place in puero clamante, (or as it is written in sum buikes) brayand, squeiland, or loudly cryand. For in French brayer, in the latin vagire, is to cry or greite with ane loud voice. Quhilk word in our language, is alswa attributted to Hose. Hearts, and uther beasts. And give controversy arise annent the life or crying of the bairne, it is leisum to the Father to pruise the samin be twa lauchfull men or women, quha heard the bairne clamare, plorare, vagire seu brayare leg. burg d. cap. 44. The husband or Father suld bruike the courtesy after the death of his wife, albeit the bairne being borne quick happen to decease immediately, or shortly after his nativity. Or albeit the bairne and the Mother baith depart this life; for suppose the bairne happen to decease before his Mother and she decease thereafter, or albeit baith the bairne and the Mother decease at ane time, or ȝit give the bairne levis, and the Mother before the husband depart forth of this life, the husband survivand after her death shall bruike the privilege of the courtesy of all Lands quhairin his wife was heritably infest: ninth of julij, ane thousand, five hundreth ninety seven. Martha and Eupheme Mackalȝeanes, contrar Master james Ward-law advocate▪ swa the substantial heads of the courtesy are their following, quhairof give onie ane failȝie the courtesy ceasis. First is required ane lauchfull marriage betwixt man and wife. secondly, the wife suld be ane heretrix haveand ius universale, quhairbe she succeids to her Father, Mother, or some uther her forbear. thirdly; She suld be heritably infest and saised in the Lands. For give she decease, notched beand entered and saised, her husband suld have na courtesy. fourthly; She suld decease before her husband, for sa long as she and the husband livis, he hes ius mariti. And after her decease, he hes ius curialitatis. fively, Bairnes suld be lawfully gotten & borne, at the least ane bairne, mail or femaill, quick and livand. Last of all the courtesy is all's effectual to the husband, tuiching wairde-landes, pertaining to his wife, as the King's confirmation. For lands halden of the King in chief, and confirmed be him, fallis notched in wairde, enduring the life-time of the person to quhome the confirmation is granted. He being theirby immediate tennent to the King. And likewise, give onie man maries ane heritrix of waird lands, and after her decease her air is Minor, and of less age: Nevertheless the lands fallis notched in the superiors hands, be reasoun of ward. Bot the husband sulde bruike and possess the samin enduring his life-time, be reason of the courtesy of this Realm. Because the riched of the waird Pertaining to the superior, ceasis quhair the courtesy belanged to the husband hes place. Penult. Februar, ane thousand, five hundreth, fifty three: George Gorthie contrair the Lord Methven. And ȝit the husband being only life-rentare may notched sell or annaillie heritably the said Lands, or onie pairte theirof, in hurt and prejudice of the righteous air. leg. burg. c. 44.     

D  
DISCLAMATION 
is used in the law, and practic of this realm 
Clamare.  Clamare idem est quod dicere, affirmare: As clamare aliquod tenementum, aut aliquam terram esse suam, to claim, and affirm onie heritage or lands to be his awin. Clamare aliquem dominum to claim, avow, and affirm onie man to be his master or superior, to quhom he aucht service, & of quhon he haldis his lands in chief. 
Disclamare.  Disclamare is to disclaim, disavow or deny as to deny ane uther to be his superior, as quhen the superior affirmis the lands to be halden of him, and the vassal denies the samin. In the quhilk case give the contrar be fund of verity, the vassal tines and amittis all the lands quhilk he haldes of that superior, & the property theirof returnis to the superior, the maritag. c, 18. Stat. Ro. 3. c. primo. 20. Quhair the old form and manner of disclamation is declared. Mairover, disclamation is quhen the persewer claims lands perteinand to him, and haldin of an superior: and the defendor affirmis the samin to be haldin of ane uther over-lord. lib. 1. c. solet. 26. lib. 3. c. tali, 18. To the decision of the quhilk controversy, baith the said's alleged over-lordes suld be called. And he quha failȝies to prove himself superior, shall never be heard to claim the samin afterward, and the vassal being convict; tynis the land and property theirof, quhilk is adjudged to him, quha was wrangouslie denied be the superior, & is found to have riched theirto, lib. 1. c. siverò 28. Last the vassal tynis & forefaultis his lands, give he wrangouslie denies his few, or the condition theirof, that is the service aucht theirfore, conform to the French proverb qui fief deny, fief pert. The reason is because the vassal denyand his halding, his master or lands, contemnis and dishonours his master. Bot it is necessary that the vassal or tennent deny fraudfully, that is wittingly, quia vassallus feudum quod sciens abnegavit, amittit: ignoranti verò subven tur. Quod si dubitet, dubitanter respondere potest. Cuiacius. lib. 4. the feud tit. S. &. Tit. 21. &. Tit. 39 de poena negantis feudum.  DISRATIONARE, 
from the french word Disrener. In Latin Duellare, Duello contendere, to fetched in singular battle, and commonly is understand of the appealer, or persewer, quia cum vadiatur duellum provocans dat vadium disrationandi, & defendens vadium defendendi. Sumtime disrationare is mair generally taken, for to tine onie thing in judgement be form of process, concord or aggrieance lib. 3. c. cum itaque. 14. lib. 2. c. fieri autem. 67. quon. attach. c. 4. Item it signifies to prove onie thing conform to the consideratione of the Court be battle, writ, or be ane assize of the country. lib. 1. Cap. si veró. 18. Cap. si verò Dominus. 29. Iter camer. Cap. apparens. 24. Or be the aith of the party, and certain conjuratoures quhilks are called Sacramentales, Quha sumtime maa, 
Sacramentales.  and sumtime, fewer in number makis faith and swearis in onie cause with ane party haveand entresse in pursuit or defence. Cuia, lib. 1. de feud. And in the Laws of this Realm, dicitur aliquis Jurare cum tertia, septima, Duodecima manu. Quhen three, seven or twelve people swearis with him. Quhilk in the Cannon Law is called Purgatio Canonica.  DISSASINA, Sasina 
is ane French word, and signifies possession, to the quhilk Dissasina is contrare, and signifies dispossession, quhair ane person beand in possession of onie Landes, as mailler to his master, or haveand onie uther title theirto in write, is wrangouslie ejected and put fra the samin, without onie warning or order of Law. Likewise Dissasina is called spuiliȝe, quhen onie person is spuilȝied violently and wrangouslie of movable gudes and gear, 
Ejection Spuilȝie.  pertaining to him, as his awin proper gudes: and being in his possession certain days or months. For ejection concernis Landes and gudes inmoveable: and spuilȝie is of cattles, and gudes movable, and baith the ane and the uther is comprehended under Dissasina ass. reg. Da Cap. Statutum fuit. 31. Quhilk is conform to the English Laws. Henry. 3, Stat. de Mertoun. c. 3. and to the laws of France. Molinaeus in still. cur Parl. part. 1. c. 18. And be the old law of this realm, Dissasitor, or committer of spuilȝie or ejection, being convict theirof suld pay ane unlaw of ten pundis to the King. Stat. Alex. c. Stat. 7. And may be accused criminally before the Justice and his deputes. ja. 5. p. 4. c. 33.  DISPARAGIUM, 
like as parage is called equality, from the latin word paritas. Sa disparagium is called inequality in bluid, honour, dignity, or utherwaies, from the word disparitas, leg. Forrest. c. de haeredibus. 64. cum seq.  DISSOLUTION, 

an latin word, quhilk signifies lousing of that thing quhilk was bound of before. And like as lousing is contrair to bining: Swa dissolution is contrair to annexation, specially in the King's property, annexed and united to the Crown. For the samin being dissolved is maid louse, and free of that nature and quality, that it may be annalied and disponed to sick as pleasis his Hienes, with certain conditions and provisions. Dissolution of the property is maid to the effect the samin may be sauld and annalied be the King, and therefore can notched be lawfully maid in his minority. ja. 6. p. 14. c. 203. For like as the King being Minor may notched sell his property: 
The King in his minority, may notched dissolve his property.  evin sa at that time it is notched lesum to him to do onie thing that may be ane preparative to the alienation theirof. And likewise give onie man haveand heritable infestment or uther riched to onie part of the Kings annexed property, for the crime of treason, is forefalted: and theirafter be the three Estaites in Parliament is restored in the minority and less age of ane King. Albeit this restitution may rehable his person: Ȝit is na sufficient riched to repone or restore him again to his riched of the said annexed property. For like as an dissolution maid in the King's minority is null: Evin swa, ane restitution maid in his les age, concerning his annexed property is of nane availl: for the dissolution, and restitution are baith of ane nature, and producis ane effect, 
Quhen and be quhome dissolution suld be maid.  hurtful and prejudicial to the King, in Registro. 18. Julij. 1597. The King's advocate contrar Alexander, Lord Hume, and tennentes of Dumbar. And sa it is manifest that ane dissolution of the annexed property suld be maid be ane King in his majority, in an Parliament with consent of the three Estaits, Ja. 6. p. 15. c 233. Bot an annexation may be maid in Parliament in the King's minority, quia rex eodem modo quo quilibet minor conditionem suam potest meliorem facere. It is lesum to the King after the dissolution, to set his proper lands annexed, or unannexed in fewferme to onie of his lieges, and specially to the kindly tennentes and possessors theirof, as he pleasis. 
To quhom may the King set his property.  Dissolution induris only for the life-time of the King, maker and author theirof, and quhen he deceasis, the same ceasis and endis. And theirfore the samin beand temporal, and personal, his airs and successors may not set onie annexed lands in fewferme, be virtue of onie dissolution, maid be his Father or predecessor. 
Dissolution is temporal.  Albeit dissolution be temporal, as said is, ȝit the Lands set and disponed heritably after the dissolution, remainis perpetually with them and their airs, to quhom they are disponed, after the form of the conditiones, contained in their infestmentes. And swa the alienation and disposition lawfully maid, 
Disposition of lands dissolved, is peret awl.  is perpetual, & transitoria ad haeredes. Albeit the dissolution be Temporal and personal, as said is. The dissolution expyrand and ceasand, be the decease of the author thereof, as said is: All the lands annexed of before, returnis again to the form & nature of the annexation; Swa that the same may not be set in fewferm, nor annailed be the King, 
The dissolution being expired, the annexation begins to quicken, and revive.  succeed and to him, quha maid the dissolution, until ane new lauchfull dissolution be maid thereof be himself. In respect that all annexationes of their awin nature, are perpetual; and albeit, they may be interrupted and stayed, for ane certain space, be ane dissolution; ȝit after the end thereof, the annexation dois quicken, revive, and walken, as it were, out of sleep, and returnis to the awin perpetual nature, and swa remainis until ane new dissolution be maid.  

The King may set his property in fewferme allanerlie.  The King after ane dissolution, may set his lands in fewferme allanerlie, and not in blench, or nomine albae firmae, nor be service of ward & relief, or utherwaies, bot in fewferme, as said is. jam 6. par. 15. ca 234.  
The King may not set his lands in fewferme, except the samin be done with express augmentation of his rental: That is, his gressumes, customs, burrow-mailles, fermes, martes, mutton, poultry, avarage, carriage, 
The King's rental of the property, baith unannexed and annexed, suld be augmented.  or any uther duties & service. Quhilk is not only manifest in the alienation of the annexed property: Bot likewise suld be observed and keiped in the disposition of the un-annexed property. For it is certain, that the kings of this realm, the time of their Coronation, makis faith solemnly, that they shall not annalie, transfer, nor dispone the riched and rents of the crown: As it is statute be David 2.6 No. 13 57 & sa as the K. may not sell the riched of the crown; nam mair may he annalie the rents theirof, quhairof the un-annexed property is ane part. Mairover, albeit an dissolution is not necessary in the alienation of the unannexed property (because that quhilk is not bound, requiris na lousing) ȝit in all dislutions, maid be kings of this realm; express mention is maid baith of the annexed & unannexed property, to be set in fewferm, for augmentation of the K. rental, quhairby it is certain, that the an, alsweil as the uther, being set in fewferm, cannot be disponed in diminution of the rental. And concerning that quality & condition, expreemed in the form of all dssolutiones; the un-annexed, & annexed property, are of like nature: Et in hoc casu pari jure censentur: Sa that neither the ane, nor the uther, may be disponed, with diminution of the rental, utherwise the mention of the unannexed property, in the acts maid annent dissolution, were superfluous. Their are the substantial conditiones, expreemed in the dissolutiones of the property, 
The annexed property may be annalied be the three Estaites.  maid be the Kings of this realm, quhairof, give any ane be not observed, the alienation & disposition maid after the dissolution, is null, & of nane avail: l, 6. p. 15. c. 236. By & attour, the form of dissolution above expreemed; it is leasum to the King, with advice, deliverance & decreet of the hail parliament, and for great, seand and reasonable causes, concerning the weil-fare of the realm: first advised and digestlie considdered be the three estaites: To sell, annalie, and dispone the kings annexed property. ja, 2. par. 11. cap. 41. ja, 5. p. 6. c. 84.   DOES 
hes twa significationes, First it signifies that quhilk is given to the husband, 
Maritagium.  with the wife, be reason and in contemplation of marriage In the civil law is called Does, in our municipal law, Maritagium, Tocher good. Lib. 2. c. Does autem. 19 Secondly, Does is taken fot that gift & disposition of lands & tenements, quhilk ane man givis to his wife, quhen he maries her at the Kirk dure, or in the face of the holy church: Quhilk aucht & suld be, ane reasonable third part of all and hail, the tenement of land, quhilk the man or husband hes the time of the desponsation or marriage. lib. 2. c. Dosautem. 19 c. 20. lib. 4. cap. quatuor. 49. Sta. Alex. c. 8. de judic. 163. And is given in recompensation of the tocher, paid be her, or in her name, 
Antidos.  to her husband: And therefore is called antidos: Cornel. Tacit calais dos that quhilk the husband givis to the wife, and not that quhilk the wife gives to the husband. Livius lib. 3. calais it munus nuptiale. In France it is called Dotalitium, 
Dotalitium. Doarium. Vitalitia. Morganaticum.  or doarium. It is given to the woman, to the effect, that after the decease of her husband, she may sustain & nourish herself, enduring all the days of her life-time: Therefore it is called Vitalitia. Morganaticum for the Dutch word Morgengab, morning gift, is ane kind of dowry, in the second signification; & signifies the gift of guds movable or immovable, quhilk the husband givis to his wife, the day or morning after the marriage, and commonly is used in the Dutch laws, in speculo Saxonico; & Landrecht, in Greek hypobolon in latin matutinale donum. Cuiacius li. 4 the feud.  DUELLUM, 

duorum bellum vel plurium, singular battle, or combat: vide Campiones, Noble people, or landed men, may fight in proper person, or be uthers in their name, quha are called Campiones, in Latin, duellatores, Specially, sick as are their awin bondmen, or tennentes, quha in body & guds are under their master's protection & maintenance; And therefore suld hazard and employ the samin in the defence of their master's honour, and actiones. Bot husbandmen, ignoble, and unlanded men, suld fight personally, and notched be Campiones. Ass. reg. Cap Statutum fuit per regem. 32.  
Bot all men that are decrepit, lamed, mutilat, or passed the age of threescore ȝeires, are excused from singular battle. Lib. 4. c. 4. leg. Burg. c. Si burgensis. 24.  
And siklike, religious people, clerks, & weemen may not be compelled to fight. Lib. 4. c. 3. stat. Alex. c. 5. Ass. reg. Dau. cap. statuit dominus 38. It is in free will and election of the defender, to fight, or to pass to the knowledge of ane Assize. Lib. 4. Cap. 2. Quia defendens debet primo eligere deinde vadiare, & postea jurare. lib. 4. ca jexstatuit 46.  
The appealer or prover, suld swear that his quarrel is just, & the defender swear the contrair, avowand the equity of his cause. Iter. camer c. Comparentibus 29. It is not leesum too any person to provok ane uther to battle, or being provoked to feght without licence of the King, utherwaies, baith the appealer, & the defender, tinis & forefaltis all their guds movable, & immovable. de judic. c. 87. Because na Barrone hes power of singular battle, or of probation be water, or Irone; except the kings Schireff, or his deputes, be present to see justice done. stat. Alex. c. praetered 32. Mairover, give any man havand the King's licence, happenis to be convict be battle, or of breaking of the King's peace, he shall pay to the King xxij. Kine, & tres cathorios, vel pro quolibet cathorio, novem vaccas. Stat. Alex. c. apud. 28. Quhilk pain & unlaw, appearis to be ordained, to stay sick ungodly strife & dabate; for the law of singular combat is ungodly, & suld not be used among Christianes', albeit the same was permitted & used be the langobards, in civil and criminal causes. Alciat. de sing-certam. Cuiac in Lib. feudorum. Quhilk is conform to the Canon law. cap. 1. 2. de purgat. vulgar.   DYOUR, Dyvour, 

utherwaies Bairman, quha being involved and drowned in debts, and not able to pay or satisfy the same: For eschewing of prison and uther pains makis session and assignation of all his gudes and gear, in favoures of his creditoures: And dois his devour and duty to them, proclaimand himself Bairman, and indigent, and becummand debt-bound to them, of all that he hes. Leg. burg. ca Bairman. 144. In Latin, cedere bonis, quhilk is most commonly used amangst merchants, to make Bauk-rout Bankrupt, or Bankrompue, Because the doer thereof, as it were breakis his bank, stall, or seat, 
Cedere bonis.  quhair he used his traffic of before. de judic. c. Bairman 46. Be the civil law, sick session of gudes and gear may be maid judicially, or forth of judgement, be him quha is present, or absent, be writ or epistle, or be ane mid person, called Nuntius. l. ult. de cess. bonor. Bot to the effect that debtoures suld be feared to deceive their creditoures, and suld the mair willingly pay their debts in sundry places, divers shameful forms of dyvourie, are used and observed: for sumtimes the debtor naked, sittis' upon ane cauld stane, in presence of the people. Alciatus lib. 3. Parerg. c. 47. sometimes his hinder parts, or hips are dashed to ane stane. Guido Papae. decis 343.  
Or in public place, bair headed, his belt is cutted, quhairby he is proclaimed indigent of gear and credit: And therefore may pass and repass quhair he pleasis, without any trouble of his Creditoures.  
juxta illud Horatij, Epistola secunda 28. Ibit eò quò vis, qui zonam perdidit. Conform to the quhilk, in this realm, he is said to have his belt cutted, Zonam perdere, quha hes na gold, silver, guds nor gear. For in old times, like as it is ȝit used in divers places, ilk man carried his silver and his gold in his belt, either in ane purse hanging at the end thereof, or sewed and enclosed within the samin. Sueton. in Vitellio. cap. 16. Quia zona aureorum plena se circumdedit. Et Gracchus apud Gellium. Lib. 15. ca 12. Zonas (inquit) quas plenas argenti extuli, eas ex provincia inanes retuli. And in the tenth chap. of Mat. and ninth verse: Christ commandis his Apostles notched to possess Gold, Silver, or Money, in their Girdles. Mairover the form of the aith quhilk be the Laws of this Realm, the Dyvour suld make, conteinis that he shall swear, that he hes notched in free gear, above five shillings, four pennies: Fra the quhilk cummis ane commoun speech daily used amangst poor and indigent persons, quha hes notched in gudes nor gear, the valour of five shillings and ane plack. In the Law of Normandy. Lib. 2. c. 10. Lib. 12. c. 21. Dyvoures are called Banqueroutieris. And if they do the samin fraudfully, they may be punished to the death.     

E  
ENACH. 
Lib. 4. c. statuit dominus 64. Ane mendis or satisfaction for ane fault, crime, or trespass. As give the master lyis with the wife of his bondman, or slave: The servand therefore salbe put to liberty, and fall receive na uther Enach, mendis, or satisfaction, for the violation or defowling of his wife. Lib. 2. c. pluribus 14. Like as utherwaies, si vassallus, Cucurbitaverit dominum suum, That is, give the vassal makis his master ane Cuckold: That is, give he hes carnal copulation with his master's wife, he tinis and forefaultis his lands. lib. 1. de Feud. Tit. quib. mod. Feudum amittatur, § 2. Corbita, in the Laws of the langobards, is adultery: 
Corbita. Cucurbita. Arga. Argos.  And Cucurbita signifies ane Cuckold, quhais wife is ane huire: quha utherwaies is called, arga. Gl. in. D. Sect. 2. From the Greek, argos desidiosus, otiosus, quha sittis' idle, and payis notched his debt, bot sufferis ane uther to work his labour. Alciatus in lib. de singulari certam. c. 32. & in lib. problematum. Horatium secutus Cucullum vocat.  ENCHESONE, 
the cause, occasion, or reason, quhairfore any thing is done: As quhen we say, that ane is condemned for Enchesone of theft: That is be occasion or be reason of theft, committed be him. Mod. ten. cur. c, 21. Or that the vassal is in the keiping of his Over-lorde, be Encheson of ward quoniam attach. Cap. 51. And ane action or play, may be advocate fra the Schireffe Courts, to the King's Court, for money causes. Lib. 2. c. Does autem 19, Quhilk in sundry English buikes, is said for money Enchesones. And Ed. 1. King of England. Westm, 1. c. 6. Statutis and ordainis, that na-man salbe ane merchand, without ane reasonable Enchesone.  ENEYA, 

Pars haereditatis, ane French word: for the first, chief, and principal part of the heritage, Leg. Forest. c. si. Haereditas. 96. For in the French tongue, and specially in the Law of Normandy, the eldest and first begotten son, is called l'aisne, & in the Laws of England Hen. 3 in stat. Marlebrig. Cap. 9 It is called Enitia pars haereditatis. And likewise in ane uther place of the laws of the samin King, Ius esniciae, quhilk in this Realm is the law of birth riched: In Latin, jus primogeniturae, 
De jure successionis.  de quo Tiraquellus copiosè scripsit. Be the old civil Law of this realm, there is na riched of succession in the riched line ascendent. And therefore the father succeediss not as air to his son: Except special provision be maid in the contrar. Quia provisio hominis tollit provisionem legis. Et pacta conventa, legem contrahentibus praescribunt. Swa all succession, is either in the riched line descendent, or in the line collateral.  

De linea recta descendentium.  
THey quha are of the riched line descendent, suld be preferred to all uthers: As the son, the dauchter, the nepuoy, the neipce, and sa descendand in infinitum: observeand and leipand always the prerogative of the degree: For the Prior degree, excludis the posterior from all commodity & title of succession: As the son in the first degree, excludis the nepuoy in the second; and the nepuoy excludis the pronepuoy in the third degree.  

De filio.  Give any man havand lands and heritage deceasis, leaveand ane son allanerlie behind him, without all distinction, the son succeedis to all and hail the heritage; quhilk is in Latin, succedere in assem, vel ex ass. lib. 2. c. cum quis. 29.  

De filiis.  Give any man deceasis, and leavis behind him maa sons nor ane, either he is soccommannus, and haldiss not his lands be service of ward: and then his heritage is divided amangst all his sons: or he is Miles, and haldis his lands per servitium militare, be service of ward & relief. In the quhilk case, the eldest son succeedis in the hail lands; quhilk heritably pertained to his father. Lib. 2. c. Si quis plures 30. Bot this distinction is not observed be the practicque of this realm. Be the quhilk the eldest son succeedis to his father, ex ass, that is, to all and hail his father's heritage and lands; Albeit, sundry uther Nationes hes divers laws hereanent: Like as be the law of God, in the old testament, amangst the Jews, the first borne son, after the decease of his father, receivis double portion. Deu. 21.17. That is (as some interpretis) as meikle as twa of his brether. josephus de Antiq. jud. li. 4. c. 8. writtis' that the eldest son, be reason of his birth-richt, suld have duplicem facultatum paternarum partem, the double part of his father's gudes.  

De filiis diversarum uxorum.  Give ane man had divers wives, quhairof ane is ane heretrix, havand lands perteinand to her heritably; and hes procreate upon ilk ane of them bairnes, maillor femail; the son gotten upon her, succeedis to her heritage. lib. 2. c. Si autem. 31. For as generally the son succeedis to the father; Swa in this case, the son suld succeed to his mother. Leg. Forest. c. Si quis habuerit 26. de judic. c. 24. Conform to the commoun rule of the law. Paterna paternis, materna maternis.  
Quhen any man deceasis, leavand ane son, and dauchters ane or maa; The son allanerlie succeediss to all his father's heritage. Li. 2. c. Maritus. 32. As gifane man hes procreate with his first wife, 
De filio & filia vel filiabus.  dauchter, ane, or maa, and after her decease, begettis ane son, upon ane uther wife, the son only succeediss to him. Leg. Forest. c. Si quis habuerit 26. Because the Son borne of the first, second, or last wife, succeedis as universal air to his father, and excludis all his sisters. De judic. c. Item nota. 115. As it is written in some buikes, foemina non succedit cum masculo.  
Failȝieing sons and bairnes, lawfully gotten of their bodies, the dauchter succeedis. 
De filia.  For give the defunct hes ane dauchter allanerlie, she suld succeed to all her Father's heritage, in the form and manner, as the son succeedis to his Father. De judic, Cap. Item nota. 115. Lib. 2. cap. Haeredum. 28.  
ITEM, Give ane man deceasis, leavand behind him maa dauchters nor ane, 
De filiabus.  gotten upon ane mother, his heritage suld be divided equally amangst them, in all's money parts or portiones, as there is dauchters to succeed. Quhilk form of succession, is called, successio in capita, cum scilicet haereditas adeunda, dividitur in tot partes quot sunt capita, vel personae succedentes. 
Successio in capita.  Bot the eldest dauchter, suld bave the principal message, without division, be reason of her dignity, and birth-richt, and satisfaction therefore suld be maid to the remanent dauchters. Lib. 2. cap. Si autem 31. De judic. c. Item. Nota. 115, Togidder with the superiority of the portiones, pertaining to all her ȝounger sisters, to quhome their husbands suld make homage, acknawledgeing her to be their superior, and their airs suld give the relieve of their lands, quhen it shall happen. Lib. 2. c. Maritus. 32.  

De filiabus diversarum uxorum.  Give ane man have sundry wives, and of ilk wife, ane or maa dauchters: All his dauchters' succeediss to him in his heritage equally, Per capita, as give they were all gotten upon ane mother Libr. 2. c. porrò contingit: 33.  
ITEM, Give maa dochters nor ane, are procreate upon sundry wives, of the quhilk wives, ane is ane heretrix: Swa that the heritage cummis be her, and not be her husband: The dauchter, or dauchters gotten upon her, succeedis to her heritage, and excludes all the rest of the dauchters theirfra. Leg. Forest. c. Si quis habuerit. 26. De jud. ca 24.  

De liberis burgensium ex diversis uxoribus.  Be the Laws of the Burrowes, give an Burgess have maa wives nor ane, and bairnes procreate of ilk ane of them: All the lands pertaining to him, be reason of heritage, or conquest, in the time of his first wife, suld pertain to the bairne gotten with her, in the first marriage: And all the lands conquest be him, the time of his second wife, fall pertain to the bairne gotten with her, in the second marriage. Leg. burg. c. Si Burgensis. 26.  

De secundo gradu nepotum vel neptium.  Failȝieing sons and dauchters, quhilk is are nearest and lauchfull airs, the riched of succession perteinis to the Nepuoy or Neipce, gotten upon the Son, or the dauchter. Quia deficientibus proximioribus haeredibus, nempe filio vel filia, vocantur haeredes remotiores, ut Nepos vel Neptis ex filio, vel filia, recta linea descendens. l. 2. c. Haeredum. 28.  

De nepote uno vel pluribus ex filio.  Give any man deceasis, leavand behind him ane Nepuoy or Nepuoyes, ane or maa, procreate be his son already deceased. (Ex filio praemortuo) they suld succeed to him in the samin manner, as is above said, of the succession of sons: That is, give there be ane Nepuoy allanerlie, he is only universal successor: And give there be maa Nepuoyes, the eldest allanerlie succeediss to all. 
De nepote & filio.  l. 2. c. Porro. 33.  
Give any man deceasis▪ leavand behind him ane Nepuoy, begotten be his eldest Son, already deceased, And ane second son, quha is father brother to the said Nepuoy: The second son is excluded from all riched and commodity of succession to his father. Because the Nepuoy lawfully begotten be the eldest son representis the person of his father, and therefore Jure repraesentationis succeedis in his fathers riched: and consequently is only air to his Gudschir: like as his father wauld have been, give he had not deceased before him. Lib. 2. c. Porro. 33.  
The like is to be understood of ane Neipce, or Neipces, ane or maa, 
De nepte filio.  begotten be the eldest son already deceased, quha suld be preferred to their father brother, anent the succession of their Gud-schirs heritage: Except special provision of tailȝie be maid in favoures of the air's mail. Quo casu haeredes masculi succedunt, non dispositione juris, sed ex provisione hominis.  
ITEM, Ane Neipce or maa, of ane son or dauchter, succeedis to their Gudschir or Guddame, in the samin manner as their father or mother suld have done, give they were ȝit living. Lib. 2. c. Porro. 33. And in this case it is to be observed, that quhen maa Nepces nor ane, borne of sundry mother's succeediss, that the heritage suld be divided ratione stirpis, in as money parts, as there is stocks, of quhom the saidis Neipces descendis and proceedis: As for example, give there be ane Neipce begotten upon ane dauchter, and twa Neipces begotten upon ane uther dauchter, they all three suld succeed to their Gudschir; bot the heritage suld not be divided in three parts, ratione capitum; bot in twa parts allanerlie, 
De nepta una vel pluribus. Successio in stirpes.  ratione stirpium: That is, of the twa sister's quhilkis are the twa stocks, of quhom the saidis Neipces descendis: And swa the ane Neipce, gotten upon the ane sister, suld have the ane half: and the uther twa, the uther half allanerlie of the heritage: Quhilk form of succession, is called successio in stirpes, quhen the bairnes being maa in number, succeedis to all's meikle allanerlie, as wauld have pertained to their mother, give schoe had been living.   

De linea obliqua collateralium.  
QUHEN the succession failȝies in the riched line descendent, than they quha are of the side line, or collateral suld succeed: 
De fra.  as quhen the sons and dauchters, and all people descendand of them lineally, failȝies: Swa that there is nane of them to succeed: Then the brother of him quha is deceased, suld succeed to him. Lib. 2. c. Deficientibus. 34. Illi enim qui ex linea recta descendunt semper praeferuntur illis qui ex transversa linea proveniunt, & illis deficientibus, high ad successionem admitti debent. lib. 2. c. Porro. 33.  
The heritage, and all movable gudes pertaining to the eldest brother, 
De fratre natu maximo.  deceased without lauchfull airs of his body, perteinis to the second brother, immediately nearest to him, Quia haereditas gradatim descendit ad immediatè proximum. lib. 2. c. Si ergo. 23. c. Praeterea 25. Leg. Burg. c. sciendum. 150.  
Give there be three brether german, borne of ane father, and ane mother; And the second brother deceasis without airs, 
De fratrenatu minori.  procreate lawfully of his body: His elder brother succeediss to him in his lands, and immovable gudes. And the younger or third brother is alluterly excluded therefra. Quia conquestus gradatim ascendit. lib. 4. cap. Si tres 50. lib. 2. Cap. Praeterea 25. Bot be the practicque of this realm, the aire-schip of the movable gudes, pertaining to the second brother, the time of his decease, descendis and perteinis to the younger, and third brother, as lauchfull air: To quhome likewise perteinis the lauchfull tutory of his said second brothers son, quhen it shall happen to fall.  
Give there be maa brether nor ane, three, or maa in number, 
De fratrenatu minimo.  and the youngest of all happen to decease without lauchfull airs, gotten of his body. His immediate elder brother succeediss to him as lauchfull air: Because conquest ascendis fra ane degree to ane uther immediately to the first degree. Stat: Rob: 3. cap. 3: Stat: Wilhelm: cap. Notandum. 24.  
Failȝiand the brether, and their airs, gotten of their bodies, the sister, 
De sororibus.  or sisters, give there be maa nor ane, succeedis in Capita, to their brother, in the samin manner, as the dauchters' succeediss to their father. Lib. 2. c. deficientibus 34. de judic. cap. Si quis 24.  
Give the brother deceasis without airs gotten of his body, 
De sororibus ex diversis marribus.  his full sister gotten with him bean father, and of ane mother (quhilk is called soror germana ex eodem utroque parent) succeediss to all his heritage, and excludis all uther sisters, give any be gotten be his father, upon ane uther wife, quhilk in Latin is called soror consanguinea, Lib. quart. Capite Si homo 48.  
After the decease of the sisters, their bairnes succeediss in stirpes, in the samin manner, as their mother's micht have done, keipand always the distinction betwixt the mail and femaill, 
De sororum liberis.  be the quhilk the sister son excludis the sister dauchter. Lib: 2. cap. deficientibus 34. de judic. c. Si quis 24. Quia (ut dictum est) mulier numquam cum masculo partem capit in haereditate aliqua.  
Failȝieing the sister bairnes, and the airs gotten of their bodies, 
De patrum ejusque liberis.  The father brother (Auunculus, hoc est patruus) And his bairnes descendand of him, succeedis. Lib: 2: Cap: Deficientibus 34. De judic. Cap. Si quis 24.  
Failȝieing the father brother, and the airs lawfully gotten of his body: The father sister (Matertera, 
De amita ejusque liberis  hoc est Amita) and her bairnes suld succeed, conform to the foresaid distinction, betwixt mail and femaill. Lib. 2. Capite Deficientibus. trigesim, quart. de judicibus. Capite. Si quis 24. Be the quhilk distinction, the father sister's son, excludis the fathers sister dauchter.  
It is to be diligently observed, 
De jure accrescendi.  quhen maa persons nor ane (sick as money sisters or neipces) succeedis, and it happen any ane of them to decease without airs lawfully gotten of their awin bodies: the portion and part of the heritage quhilk pertained to the defunct, accrescis to all them that remainis on life, and suld be divided amangis them all. Lib. 2. c. Maritus. 32. the judic. Cap. Item nota. 115.  
Last of all, give any man gotten and borne in lauchfull marriage, deceasis without ane lauchfull air, and it cannot be knawin, quha sulde succeed to him: Or give it be in question or doubt, quha is his righteous air: Be the old law of this realm, the King, or any uther superior, retained the lands in his awin hands, until the play was ended, in favoures of the just air: Or until it was knawin, quha was the lauchfull air. Lib. 2. Cap. ult. 53. Bot now, give there be na lauchfull air, to enter to the heritage: the King, as ultimus haeres, recognoscis, and reteinis the samin as escheitte, ad perpetuam remanentiam, and may sell and dispone thereupon, at his pleasure, as his awin proper lands and heritage. vide Bastardus.    ERECTARE 
Essonia ab aliquo facta, to reckon, esteem, or judge Essonȝies, or excusationes, maid be any person. Quoniam attach. Cap. de brevibus 31.  ESSONIUM, 
an Essoinȝie or excusation. Lib. 1. Cap. 10. Jam. 2.13 Octob. p. 11. c. 55. Jam. 1. par. 9 c. 114. From the French word Exoin, quhairof mention is maid in the Laws of Normandy. Lib. 9 Cap. 10. And be Molinaeus in Still. suprem. cur. part. 1. cap. 6. de contumacia, And be D. Tho: Smith. lib. 2. cap. 14. of the commoun weill of England.  ESTOVERIUM, 
Iter. Camer. Cap. Si quis captus 25. de judic. Cap. 156. Sustentation, Nourishment: for the superior, during the time of the ward, suld sustain the air honourably, conform to the quantity of the heritage, Lib. 2. c. Plenam 42. Jam. 4 p. 3. cap. 25. Quhilk is conform to the English Law in Magna Carta, quhair it is statute, That the warder fall give the air his reasonable Estovuerie, Anno 9 Hen. 3. c. 12. quhair also it is written, that the relict of any man, shall have his reasonable estoverium, of the commoun gudes of her husband that is deceased, until her dowry be paid to her, Vid. Quarentena viduarum.  EVE 
Et Treve, dicuntur nativi de ave & triavo, quorum majores servitutem servierunt: That is, sick slaves or servandes, quhais father, gudschir, grand-schir, and for-bears, hes been servandes to any man, and his predecessors. Quoniam atttach. ca de brevibus 31. vid. Bondagium.  EXITUS Terrae, 
The rents, fruits, and profits of the land. Lib. 2. Cap. Si quis liberum 24. lib: 3: c: cum autem 6. quoniam attach. cap. secus, 28. leg. Forest. c: Probata 87. Exitus justitiariae, The profit or commodities of the justice air, Iter justice: c. 3, 4. Exitus curiae, the commodity and profit of the court, sick as unlawes and sums of money, paid be them quha are amerciat, or convict of any crime, or comes in will therefore, as is manifest be the form of the precept, direct be the Chalmerlane, to the sheriff, to take up, and intromet with exitus camerariae, or the profits of the Chalmerlane air. Exitus haereditatis de actorn. cap. 1. is called the fruits, rents, profits, and emoluments of the heritage, quhilk in the English law is called the issues of the heritage. Madge: Cart: Anno 51. Hen: 3: cap: 17. And siklike Exitus tenementi, signifies the mailles and duties thereof, Quoniam attach. c: Secus 29: Mod: ten: cur: c: 30.  EXTENT of lands, 
signifies the rents, profits, and issues of the samin, quhairof there is twa kinds. The old extent, and the new extent; For it appearis, that the rental and valour of lands, hes been taxed, and liquidat to ane certain sum of silver, conform to the profits and duties, quhilk the lands paid at that time: Quhilk is called the old and first extent, tempore pacis. Bot because the revenues and duties of lands be progress of time, did increase and grow mair and mair: ane uther taxation and extent was maid in the time of peace, as the former extent, conform to the profits augmented, as said is; quhilk therefore is called the new, or second extent: And properly is the very avail that the land is worth, and givis the day of serving of the brieve. Ja. 3. p. 7. cap. 55. To the quhilk, the word Nunc, contained in the brieve and retour, suld be referred. For tempore belli, or in time of weire; there is na ordinar or certain extent of lands, prescrived be any law: for in sick time, either the lands are waste, and are not laboured; or the lands-lordes servis in proper person: And it is na reason, that they suld baith make personal service, and also pay extent or taxation. The lords of the Session esteemis ane mark land, of old extent, to four mark land of new extent. 21. Mart. 1541. Quhilk commounlie is called, the fourth mail; and suld be generally used in retouring of lands to the King's chancellary, and uthers Chappelles: Albeit the samin is notched perpetually observed. This distinction of the old extent, and new extent, is necessary; For taxation of lands are raised, conform to the old extent, and the relief of lands, is the retoured mail, according to the new extent. And siklike, quhen lands are fallen in the superioures hands, be reason of none-entres, he suld have allanerlie, the retoured mail thereof, conform to the new extent. vide None-entres.    

F  
FALSING of dooms, 
Reduction of decreets. vide Sok.  FARANDMAN. 
De Judic. c. 47. Ane stranger or Pilgrimer, to quhome justice suld be done with all expedition; That his peregrination be not stayed or stopped. Peregrini mercatores, dicuntur Farandman. lib. 4. c. 30. in lib. Sconensi.  FELONIA, 
signifies notched only the falsed, or the contumacy of the vassal toward his over-lord, or of the over-lord toward his vassal. Bot also all and quhatsumever capital crime in Latin, scelus, in Dutch, Schelmerie, or any uther fault or trespass. Iter Camer. c. Si quis captus 25. Stat: Alex: ca 2: lib: 2: cap: ultim. 54. As to hurt or assailȝie any man, with sword, either edge or ure. Ja: 1: par: 6: c: 97. Or any less or private crime, as suspicion of theift, or quhatsumever fraud, deceit, commonly used in contracts, pactiones, and uther conventiones. Lib. 3. cap. ex causa. 8. in fine. Cuia. lib. 1. de feud. Writtis' that felony is not only rebellion: bot also perfidy, fraud, or any kind of fault. perfidia, fraus, culpa, improbitas.  FEODUM, Feudum, 

signifies notched (as some affirmis) life-rent, in Latin, usus fructus. For he that is saised in the life-rent of lands, is notched understand to be saised in feodo, or in the fee thereof; For the ane is different from the uther. 7. Mart: 1561. The Countess of Crawfurd, contrair the Earl of Crawfurd. And siklike, Feodum signifies notched the superiority of lands. For give any married man happenis to decease, vest and saised in the superiority of lands, his wife suld not have ane terce, or third thereof.  
Bot Feodum commonly signifies▪ the heretable fee, and property of any thing, and specially of lands, as is commonly contained in brieves and retoures. Cum aliquis dicitur obiisse sasitus & vestitus, in terris, ut de feodo. Lib: 3: Cap. Cum verò 28. c. sequens. 33. Stat: Rob: 3: cap: 1: Of the quhilk lands, the just third, and reasonable terce, will pertain to the wife, fra the time of her husband's decease, enduring her life-time. vid. Quarentena viduar. Dom: feodi or feudi: Is called the Lord of the ground, or land: li: 2: c. Usurarii 53. Quhair feodum & haereditas, are baith ane, & haereditas damnati propter crimen, dicitur pertinere ad dominum feodi, tanquam escheta. Item, si quis condemnatus fuerit de furto, res ejus mobiles, & catalla solent vicecomiti remanere: Terram autem si quam habuerit, dominus feudi habebit. Lib: 2: ca: Forisfactum 55. He is called utherwise, Dominus fundi. Lib. 2. c. Defuncto: 69. Et fendum idem est quod fundus. lib. 2. cap. Mutua. 68 And Actio feudi, is ane action or play of lands or heritage. Lib. 1: cap. 2. Feodum militare, signifies lands halden be service of ward, and relief: Lib: 2: cap: Maritagium. 56. Feudum laicale, Is lands pertaining to Laics and Temporal men. lib: 2. cap: 59 As feodum Ecclesiasticum, signifies, lands pertaining to the Kirk, or Kirk-men. Lib: 3: cap: sequitur 31. Cum seqq. Swa be the laws of this Realm, all gudes and gear are movable, and called Catalla: Or immovable, and are called feodum, haereditas, terra, fundus, tenementum. Fee or property, in latin, dominium, cannot pertain to maa persons nor ane. Quia dominum unius rei uno eodemque tempore non potest esse in solidum penes plures. And therefore, give twa or maa persons happenis to be infeft, conjunctly in any lands, the property perteinis to him in quhais airs and successors, the infeftment resolvis. As for example, The husband and the wife are infest in certain lands, the langest liver of them twa, and the airs gotten, or to be gotten betwixt them, quhilk sailȝieing to his airs: In this case the husband is proprietar, and the wife is conjunct fear, or liferentar. Bot give it be said (quhilks failȝieing to her airs.) In that case the wife is proprietar, and the husband is conjunct fear or liferentar.  
Feodum, is taken for the see, wage, or stipend, given to ane servand for his service, as in the Laws of K. Malipiero: Make: c: 4: the feod: office: dom: reg: quhilk utherwaies is called liberatio, ane livery vid. Liberatio. Quhair anent the L. of secreit Council, and chequer, made their ordinances, as follows.  
At Edinburgh the third of June, 1597.  
Forsameikle as the Lords of his Majesty's secreit Council, and chequer, according to the special power and commission▪ given to them be his highness, and his estaites, quhilks convened at Dundie, in the month of Maij last bypast; Hes thocht meet and convenient, to set down the prices of his Majesty's signet, privy and great seals, of all infestments, 
Prices of the seals.  and uther signatures, quhilks ordinarily suld pass throw them: And of the chalmer fees, quhilkis shall be received hereafter, fra his highness lieges, in manner following: That is to say; That the signet, according to the ancient custom, salbe the rule to the privy and great seals, in all infeftments, and uther signatures, quhilks ordinarily suld pass throw the hail three: And that the privy seal, shall receive na mair, nor the double of the price, set down hereafter: for the signet, nor the great seal, mair nor the quadruple of the said signettis price, under the pain of deprivation of the contraveeners, fra the office and seal, quhilk he possessis.  

Prices set down to the signet, for letters and uthers' writs, quhilkis passis throw na uther seal.  
FIrst, for all sorts of summons of quhatsumever quality. uj shillings, viij pennies.  
For letters containing, baith inhibition, and arreistment. xj shilling viij d.  
For letters of law-borrowes, and uther criminal letters; how money people soever be insert. uj shilling viij pen.  
For ministers letters ȝeirlie raised uj shilling viij pen.  
For all letters of horning of quhatsumever quality, except letters of law-borrowes, and criminal letters xxj shilling viij d.  
For an relaxation uj shillings viij d.   
And give maa nor ane be insert, the like price of every person to be relaxed, or compositione for them, at the discretion of the keiper of the signet.  

Prices set down to the signet, for signatoures passing the privy and great seals.  
For ane Legitimation uj shillings viij pen.  
For signatoures of infestmentes of lands, within five mark land of old extent uj shilling. viij pen.  
For ane remission to ane person only uj shilling. viij pen.   
And give it be to maa nor ane, all's money half marks, as they are people, or composition therefore, at the discretion of the keiper of the signet.  

For ane infestment of ane five mark land of old extent xiij shil. iiij d.  
And for sa money maa mark lands, as the signatoure conteinis proportionally: Providing, that quhat ever be the extent of the lands, the samin not being styled ane barronnie, in the infestment the heichest price for the signet, shall not exceed l. shillings  
For ane or maa barronnies of land, contained in the signatour, quhilks are notched unite in ane Earldom, nor Lord-schip, for the hail signatour iij pounds  
For half ane barony, swa styled in the signatour xxx shillings  
For ane Earldom, or ane Lord-schip of dignity, having vote in parliament, including never sa money baronnies. uj pounds  
For ane comprising, quhilke exceediss notched ane thousand marks. uj shillings viij pennies  
And if the same exceed that sum, to pay proportionally, providing that the heichest price exceed notched l. shillings  
For ane bischoprick, abbacy, or priory, exceeding an thousand pounds of ȝeirly rend to the posseissour uj pounds  
Being within ane thousand pounds l. shillings   
Reservations. Nathing to be ta'en for reservations of life-rentes, contained in the signatoures. In respect the reservation is na new benefit to the receiver, except quhair the resigner is a bastard. In the quhilk caise, respecting his Majesty's prejudice be the resignation: quha utherwise micht succeed to the lands resigned, be the present possessors decease, without lauchfull airs: sick reservations shall pay according to the price before set down for the lands resigned, comptand always, the man and wife to be ane person.  
Tailȝies. Nathing to be ta'en hereafter for onie tailȝies, except the foresaid price, according to the quantity of the land resigned, in respect the Fear may alter his tailȝie at his pleasure, except quhair the Fear that resignis the lands is bastard. In quhilke caise, the like price may be ta'en for every person contained in the tailȝie, as it is set down for the quantity of the land resigned.  
Benefices. For infestmentes containing patronages of benefices never before disponed, nor annexed to they lands or new infestmentes of heritable offices: The land is to pay according to the quantity and rate, before set down, and the patronage give it be of ane only benefice, the ane half of the duty of the lands. Give their be maa, to pay the said hail price of the lands for the saides' patronages. Quhilk price, the keeper of the signet shall not exceed. Offices. Siklike for new and heritable offices.  

Prices set down to his Highness Privy seal, to be ta'en hereafter, of sick gifts and uther signatours, quhilk passis the said seal allanerly.  
FOr escheits of ȝeemen men, and uther mean persons xx shillings  
For escheits of landed gentlemen and substantious burgesses xxx shil.  
For escheits of Baronnes xl. shillings  
For escheits of Earls and Lords iij pounds  
For their life-rents, respectiuè— double price.  
For presentations to Vicarages xx shillings  
For presentations to Parsonages l. shillings  
For respettes to ȝeamen men, and uther mean people xxx shillings  
For respets to landed gentlemen, and substantious burgesses xl shil.  
For respettes to Baronnes iij pounds  
For respettes to Earls and Lords v. pounds  
And give there be ma persons contained in the signature, to pay per capita, according to their ranks.  
For the wards and marriages, non-entresses and relieves of landed men, under Baronnes, included in ane signatour iij pounds  
For the wards, marriages, non-entresses, and relieves of Barons uj pun.  
For the like of Earls and Lords x. pounds  
For the ward allane of gentlemen xxx shillings  
Of Baronnes iij pounds  
Of Earls and Lords v. pounds  
For the marriage allane of simple gentlemen xxx shillings  
Of Barrones iij pounds  
Of Earls and Lords v. pounds  
For the non-entresses allane of mean landed men xx shillings  
Of Baronnes xl shillings  
Of Earls and Lords iij pounds  
For gifts of prebendaries or chaplanaries xxx shillings  
For tutories xxx shillings   
For the multitude of denuntiations included in ane signatour of escheitte, or life-rent, na payment, but for the gift only. In respect they can import but ane gift of escheit allanerly.  
For presentations to prelacies, legitimations, signators of infestments of Baronnies, and uther lands, remissions, and sick uther writs, as passis first the signet: The keeper of the privy seal, shall take for them allanerlie, the double of the price, quhilk ilk ane of them paid to the signet.  
In tailȝies, reservations, patronages, heritable offices, erections in free Burrowes and siklike, to take payment, according to the order and proportion of the signet.  

Anent the Chalmer-sees.  
IT is ordained, That na signatoures hereafter, shall pay Chalmer-fee, except resignations, and confirmations, irredemable allanerly: and of sick lands as are neither of his Majesty's property, nor temporality annexed, quhilks are declared to be free of all sick fees, in time coming.   

Prices set down to the great seal.  
THat the keeper of the great seal, exceed not the quadruple of the signet, or double of the privy seal, under the foresaid pain.  
That to this effect the keiper of thesignet, shall upon the backside of the prent of the signet, set down the price quhilk he receives for every precept, and for all uthers' letters after his name. Likewaies the keiper of the prievie seal, his price for precepts, and uther letters after per signaturam: that theirby the keiper of the great seal, pretend na occasion of ignorance. Siklike that the said keiper of the great seal, set down his price in the fore-face of every tag, quhairunto the said seal salbe appended. And that theirafter their be na drink silver exacted fra the party, uther nor he will be content to give at his pleasure and discretion. And ordains ane herald, maisser, or uther officiar of arms, to pass to the mercat Croce of the said burgh of Edinburgh, and their be open proclamation make publication, and intimation of the premises, to all and sundry his Hienes' lieges, quhairthrow nane pretend ignorance theirof. As alswa, to command and charge the keipers of the signet, privy, and great seals, Ischers of his Hienes' chalmer, and all uthers quhome it effeiris, to conform themselves to the will and direction of the saides' commissioners, signified to them in manner foresaid: and on naways taken upon hand to alter or contravene the same in onie point hereafter, as they and ilke ane of them will answer to his majesty, upon their obedience at their uttermost charge and peril, and under the pain of deprivation of them fra their offices, certificing them and they sailȝie, that they salbe deprived fra their saides' offices, and utherwaies punished in their people as efseiris.   
Apud Edinburgh quarto Junij, Anno 1597.  
THe Lords of secreit Council and Chequer, following the commission given to them be his Hienes and his Estaites, lately convened at Dundie, anent the order taking with the exorbitant prices of all sorts of writes and letters, usual among the lieges, and likewaies of the seals, registers and chalmer fie, quhilk a great number of the same mon pass, procuring daily baith private grudges and public exclamations against the tolerance and with gang, given to sick shameful extorsion & abuse, highly to his Majesty's dishonour and offence, and to the manifest undoing of the puire anis of this Realm, constrained to have ado with the saides writes: Have for remeid of that abuse, discerned and ordaned in time coming, and quhill a mair particular and solid order may be taken theirin. That all and quhatsoever Clerks of session, Justice, secret Council and chequer, Clerks to quhatsoever Commissar, admirals, Schireffis, Stewartes, Bailies of regality, and royalty, Provestes and Bailies of quhar-sum-ever his Hienes' burrows, and of all uther courts or Judgementes within this Realm, all writers to the signet, privy & great seals, all keipers of quhatsoever rolls, Registers and records, all public notares, and uthers' writers quhatsoever, quha sall hereafter register and enrol, form, extract, writ, or give out for payment, to any of his Hienes' lieges, any signatour, contract, obligation, decreet, act or ordinance of ane court or judgement, charter, saising, or uther evident, bills, letters, or uther write quhatsumever of any importance to the receiver: Shall subscrive with their hands the said writ, and subjoin to their names, the just and ordinar price; quhilk they receive fra the party for their pains. To be a testimony of their discretion, in valuing of their travels taken in the saidis writs, and to give further licht to the said's Lords, quhat constant prices they may set upon the like in time to come, under the pain of deprivation from their offices, and punishment of their people at his Hienes further pleasure, incaise of failȝie. And ordainis letters to be directe, To make publication of the premises to all and sundry his Hienes' lieges, quhairthrowe nane pretend ignorance thereof.   FERCOSTA, 
ane Italian word: Ane kind of schippe or little Boate. In ane privilege granted to the Burgh of Dundie, for reparation and bigging of their Porte and Haven be King James the second, in the ȝeir of God, an thousand four hundred, fifty aucht ȝeires, and of his reign, the twenty twa ȝeire: Mention is maid of ane Fercost, quhilk is inferior in birth and quantity to an schip, because the impost and taxation laid upon ilke schip is ten schillings, and upon the Fercost, twelve pennies, and of every Crear, busch, barge, and ballinger, five schilling, and ilke great boat six pennies.  FERDINGMANNUS, 
ane Dutch word, ane penni-maister, or Thesaurar. Stat. gilled. c. 5.  FIDELITY, 
maid to superiors, and over-lords. vid. Homagium.  FINIS, 
finance, or composition maid with thiefs. Statut. 2. Robert bruise. Item 9 In the quhilk place, it is called rachetum, or thift boat. Finis curiae, ane composition quhilk onie man gives in ane court, sick as the justice air, to the King, In registro 28. December, ane thousand, five hundred forty ane ȝeirs, the Thesaurar contrar the burgh of Perth. Finem facere cum rege: to fine with the King: Or to make ane finance, and satisfy him for any trespass committed against him or his laws. Ass. reg. Da. cap. 2. lib. 4. cap. 3. c. sivir. 16. or finem reddere regi, to pay an fine or composition to the King for ane crime, sick as thift-boat. St. 2. Ro. Br. c. item ordinat. 9 Finem facere cum molendinario de multura, To agree and compone with the miller for the multer. Statu. Wilh. cap. item statuit quod detentor. 11.  FIRMARIUS, 
ane mail-payer, ane mailer, or mail-man. leg. burg. c. si firmarius 56. quo. attach. c. nullus 26. Firma signifies the duty quhilk the tennent pays to the landislord, quhidder it be silver-maill, victual, or uther duty. In statutis gild. c. 48. In the quhilk signification, it is commonly used in the French laws.  FORENSIS, 

from the French word Foraine. In the burrow-lawes of this realm, signifies ane unfreeman, quha dwelliss not within burgh, or out-dwelland man. And therefore is called rure manens, quha dwelland aland-ward, hes na privilege, or immunity within Burgh. 
Rure manens.  Commonly all strangers are called Forinseci, or foreines; utherways advenae. Quhairanent it is statute, that na burges dwelland in burgh, fall harbourie onie strange man in his house, 
Servitium ferinscium.  langer nor ane night, without borrows, & caution. leg. burg. Cap. nullus in burgo 88 quoniam attach. Cap. nulli 47. servitium forinsecum signifies sick service as the vassal, or tennent, suld do to his over-lord and master, sra hame, or in time of weirfaire. In England they quha are notched borne Englishmen, are called alienes: Quha enjoys notched liberty within the realm, except they be Deniȝed, 
Deniȝed. Ambani. Albini, jus Albinagii.  quhilk word appears to be driven a Danes, quasi danisatus, that is maid lauchfull and free, as onie Danes-man was, quhen the Danes did occupy and possess ane great part of that Realm. And in France they are called ambani, or albini, quasi alibi nati, strangers, notched borne within the Realm of France, quha therefore deceaseand in France, without lawful succession of their bodies, he's nam power to make testament. For their gudes and gear, are notched given to their airs, or successoures, bot are confiscate to the King's use, be the law quhilk is named, Albinage, ius albinagij. Chessan. in consuetud. Burgund, Rubric. 21. § verb. des confiscationi. Nu. 37. in the acts of parliament Marie p. 8. Cap 66. it is called droict d' Aubeyne.   FORESTARIUS, 
ane forester, or kelper of woods, to quhom be reason of his office. perteinis the bark and the hewn branches. And quhen he rides throw the forest, 
Foresta.  he may take ane tree all's heich as his awin head. leg. forest. Ca 10. Foresta, is called ane large wood, without dyke or closure, quhilk hes na water. Sylva is ane wood near adjacent to ane flood of water: 
Sylva.  bot quhen the samin is enclosed with dike or hedginges, is called ane park, Chessa. in consuetud. Burgund. Tit. des Forests 13. in prin. per. gl in. c. cum dilecti. de donationib. Felin in c. Rodolph, 
Parcus.  extr, the rescript. Nu. 21. Quhair foresta, is called a place quhairin are included wild beasts and quhair some hes liberty of hunting. Bot quhair their is ane flood of water, it is Sylva. And beand circled about and environed with waters Insula. 
Insula.  And enclosed with dikes or hedginges, parcus. ja. Andr. in. d. Cap. dilecti. Infeodatus in liberam forestam, in: est in free Forest, hes power to hunt, 
Libera foresta.  halk, and cut trees, quhilk we call potestatem venandi, aucupandi, & secandi. quhilk liberty na person may use bot be special licence granted to him. vid Varenna vid. Venison. vid. Werd.  FORISFACTUM, 
ane unlaw, quhilk utherwaies is called amerciamentum. lib. 1. c. does autem 19 Stat. Alex. c. si quis conquestus. 9 l. b. 4 c. 3. leg. burg. c. forissactum 42. vid. Amerciamentum. It is taken for fornication committed be ane woman being ane air semaill within waird, ut cum foemina dicitur forisfacere de corpore suo, to forfair, or abuse her body. vi. Putagium. Item it signifies quhatsumever fault, trespass, and crime, and is called forefault in the Acts of parliament. jam. 2.2. August. c. 6. And quhair it is written pro uno forisfacto non debet esse nisi unum amerciamentum. leg. burg. c. de uno. 3. In ane uther place it is said, pro uno delicto, non debet esse nisi una misericordia. Ass. reg. Da. C. ad hoc 28. That is for ane fault their suld be bot ane vnlaw. And in the English Laws, Hen. 3. in carta de forest, c. 15, all outlaws for the King's forestes, fall return to his peace, and fall find to him sure pledges, that they shall notched do onie forefault, 
Forisfactum plenarium Regis.  or wrong in his forestes. Forisfactum plenarium regis, may be extended to the death, as plenaria justitia, quhilk suld be execute upon him quha stops the sleuthhound, in persewing of thiefs and theft, lib. 4. c, & si quis, 35. And it is statute that nane shall stop the King's burgesses to buy and sell freely throwout all the parts of the Realm. super plenum forisfactum regis, leg, burg, c, si burgenses, 141. vel super plenariam forisfacturan. lib, 4, c. Statutum, 38. Stat. Wilh. c. Item statuit. 19 conform to the quhilk constitution, he quha troublis or molestis merchandes dwelling within burgh, to use their freedom and privileges, may be accused as an oppressor of the King's lieges. ja. 5 p. 4. c. 26.  FORISFAMILIARI, 
forisfamiliat, put forth of his father's house, or maid free, and delivered forth of the fatherly power, the son is called to be forisfamiliat be the father, quhen he with his awin consent and good will, receivis from his father onie lands: and is put in possession theirof, before his father's decease. lib, 2, c, porro, 33, and is content and satisfied theirwith. Swa that he nor his airs may notched claim or crave onie mair of his father's heritage. de Judicibus. capit. Item nota, 115.  FORESTALLERS, 
vid, Regraters.  FORTALITIUM 
la, 2, p, 3, c, 3, Stat. 2. Rob. Br, c, Item ordinatum 8. Ane fortalice, ane Castell, and properly ane house or Tower quhilk hes ane batelment an barmekin, or ane fowsie about it 7, Feb, 1566. Lord Fleming contrair james Rosse.  FORTHOCHT 
felony, praecogitata malitia, quhilk is done & committed wittingly and willingly, after deliberation and set purpose, and is different from chaudmelle. quia ut seribit Cicero. l. 1. office in omni injusticia. permultum interest utrum perturbatione aliqua animi, quae plaerunque brevis est, & ad tempus: an consultò & cogitatò fiat injuria. Leviora enim sunt ea, quae repentino aliquo motu accidunt, quàm ea quae meditata & praeparata inferuntur.  FOSSA. 
ane pit, or fowsie. Furca, an gallows, in Latin cabalum, 
Cabalum.  quhilk was first institute and granted be King Malcolme, quha gave power to the Barrones to have ane pit, quhairin women condemned for theft suld be drowned, and ane gallows quhairupon men thiefs, and trespassoures suld be hanged, conform to the doom given in the Baron Court thereanent hector Boetius. l. 12. Erectio furcarum est meri imperij, et aliae justiciae, et significat dominium aeris, 
Merum Imperium.  quia suspensi pendent in aere. & merum imperium consistit in quatuor, sicut sunt quatuor elementa. In aere, ut hi qui suspenduntur. In igne, quando quis comburitur propter maleficium. In aqua, quando quis ponitur in culco & in mare proiicitur, ut parricida: vel in amnem immergitur, ut faeminae furti damnatae. In terra, cum quis, decapitatur & in terram prosternitur. Chessa. in consuetud. Burgund. Rubric: 1. §. 1. verb an territoire. 
Jurisdictio mistum imperium.  Nu. 14. & rubric. 1. § 8. Nu. 2. porrò jurisdictio dicitur notio, quae juri magistratus competit. Mistum imperium, est potestas quae jurisdictioni inest. Merum autem imperium estjus gladij, vel alicuius gravioris coercitionis nominatim lege concessum. Cuia. l. 4. de. feud. tit. 19  FRIEBORGH, 
liber plegius, vel fideiussor, quem Galli francum plegium vocant. In the old Britton laws, Bopher vel Boars, is that quhilk we call borrows, borgh, or cautioner. And Aluredus King of England, divided England in satrapias, centurias, & decurias, as fall be declared in the word Schiref: and ordained that decuria, suld comprehend ten people, and centuria suld contain 100 people, quhairof ilk ane was cautioner and sovertie for uthers: in sick sort that the hail number, and ilk ane of them, was answerable for the fault and deed of onie ane of them, & swa was called freeborgh, free-pledge, or cautioner. vide antiquas leges Brittonum.  FURCHE, 
ane word, quhairof I find na mention in the written laws of this Realm, nor of onie uther country: And ȝit is used in the form and order of the chancellary, from furca, ane fork. For quhen onie person is served and retoured narrest, and lauchfull air to onie of his predecessors, of any lands halden in chief, of any uther superior than the King: The director of the chancellary, causis his Clerks direct to the said superior three precepts, commanding▪ him to give saising to the person retoured, of all and sundry the lands, contained in the retour, he doing therefore to his superior, all quhilk he auclit to do of the Law. Of the quhilk precepts the second is called Meminimus a forma verborum qua praeceptum concipitur. 
Meminimus.  For the precept bearis that the King remembers, that he directed his first precept and command, quhilk was notched obeyed, quhairof he mervailis: And therefore ȝit as of before commands the superior to give saising. The 3. precept is called furch, for quhat cause I knaw notched certainly: Bot like as ane fork hes twa grains, this precept hes ane alternative command of twa parts, for the King commandis the superior to give saising, or else he certifies him, he will commandis the sheriff to give the samin. Itaque hoc praeceptum est furcatum, vel bifurcatum, in eadem significatione, qua barba bifurcata, quhilk is divided in twa taits or parts. And in French furche, is called cloven sutted, or forked.    

G  
galen's, 
lib. 4. c. si. quis 37. c. statuit. 66. Ane kind of mendis, assithment, or satisfaction for slauchter. Of the quhilk word I find na mention in onie uther place, or law of uther countries.  GANGIATORES, 
Iter. camer. c. gangiatores. 14. signifies them quha suld mark the claith, bread, or barrels before they be sauld. with the mark of their office: or tryis or examinatis all measures, & weichts, baith dry and weet, for the French jage, is that quhilk we call jug, met or measure.  GARBA 
sagittarum, ane schaife of arrows, containing 24. utherwaies called schaffa sagittarum. Stat. 2. Rob. Br. c. ordinatum est. 27.  GARCIFER 
ane French word. Ane Garson, an servand quha servis in the▪ myln, ane myln-knave. leg. burg. c. quicunque. 64.  GILDA, 
ane society and company of merchants. For in the old Britton laws, gilder signifies the order or society of religious men, or of craftesmen. Vide antiquas leges Brittonum, verbo Contubernales.  GIRTHOLL, 
girth, sanctuary, in latin, asylum, ass. reg. Da. c. si quis in aliquo. 27. Asylum is driven from the greek, a, particula privativa, et Silao, b. e. trabo. gl. in. l. si quis. 17. ff. de aedilit, edict. Because it is not leasum to draw forth onie person forth of the girth. Quhairanent sundry acts of Parliament are maid, conform to the law of God. Exod. 21.13. joshua. 22. 1. etc.  GLEBA, 
ane gleibe, given and granted to Kirk-men and Ministers of the Evangel. vid. Mansus.  GVERRA, 
lib. 2. c. sunt quidam. 72. Stat. 1. Rob. Br. c. 17. Stat. 2. Ro. Br. c. ordinatum est. 27. Utherwaies called Verra, battle, weir, and signifies notched only public weire and hostility, 
Verra.  quhilk is proclaimed and denunced be the lauchfull authority of the Prince: Bot also private deadly feed. quhen onie particular person wauld revenge onie private injury, done to him. For it is statute be K. David the second, quod nullus de caetero moveat guerram contra vicinos suos quoscunque, sub poena plenariae forisfacturae, 6. Novemb. 1357. Mention is maid of courts of Guerra, 12, 3, p, 8, c, 69. quhilkis were halden be sheriffs, Stewards, Bailies, and uther Officiars. Bot quhat was the special jurisdiction belangand thereto, I knaw notched: and find is na mention theirof in onie uther part of the laws of this Realm, always as it appearis that they were halden be the ordinar judges foresaides, anent strife, debates, crimes and trespasses committed betwixt familiar and domestik persons, subject to ane master, within the jurisdiction of the saides' judges conform to the laws of the fewes in §. ult. de pace tenend. li. 2. the feud. Si ministeriales alicujus domin. inter se Guerram habuerint: comes sive judex, in cujus regimine cam fecerint, per leges & judicia, ex ratione prosequatur. Quhilk form of courts being particular justice courts, was prejudicial to the jurisdiction of the justice and his deputes, and grievous to the lieges of this Realm, and theirfore are discharged be King James the third, in the place foresaid.  GYSARUM, 
ane hand axe. Leg. Forest. Cap. sciendum est. 67. quhair it is statute and ordained, that all men of the age, betwixt sixty, and sexteene, fall have armour, conform to the quantity, and the valour of their lands, and movable gudes, that is, he quha hes fifteen pound land, or forty marks in moveables, fall have ane horse, ane habergeon, ane bonnet of iron, ane sword and ane dagger. And he quha hes forty schilling land, or abone, within ane hundreth shilling land, shall have ane bow, arrows, dagger and knife. And he quha hes less than forty shilling land, fall have Gysarum, quhilk is called ane hand axe, ane bow, and arrows. And all uthers, quha suld, or may have armour, fall have ane bow and arrows.    

H  
HAIMSUKEN, 
lib. 4. c. raptus, 9 in sine, quo. attach. c. de caetero. 48. Stat. Wil c. Item. stat. 9 Ane Dutch word. For Haim signifies an house or habitation, quhair anedwellis, and quhair he hes his winning, rising and lying. As we say, aneman is at hame, or notched at hame. In the quhilk signification Cuninghame, is called the King is house or hame, specially quhen the Kings of this Realm, quha of before did dwell in the Isles, came to the main land to dwell, and remain in Doundonald, and uther places. Suchen in the German tongue, signifies to seike, or search, pursue, or follow, as quhen ane giveth up kindness to ane uther, he says. Harr, harr, Ich wol euch suchen, swa hame-suchen, or hame-sucken, is quhen onie person violently, without licence, and contrair the King's peace, enters within an man's house, or seiks him at the same, or assailȝies his house (as is written in the best buikes) quhilk crime is punished. as ravishing of women. quo. attach. c. si quis aliquem. 50, Stat. Wilh. c. Item stat. 10. quhilk is esteemed an great crime contrair the common weill, quietness, and peace of the country, quia unicuique domus sua est tutissimum refugium: Ideoque de domo sua nemo debet extrabi. l. sed & si. 21. ff. si quis in jus vocat, quod verum esse in causa civili, non autem in criminali, notatur in gl. ibidem, quid sit domus. vid. l. 1. ff. de agnoscend. liber.  HAWBERT, 
there is four manners of halding of lands outwith Burgh. Sum lands are halden be the Kirk nomine pure eleemosynae, & pays nothing bot devota animarum suffragia, as was used in the time of blindness and papistry: 
De quatuor modis tenendi terras.  uther are halden in few, or fewferme of the King, Kirk, Barrones, or uthers, quhilkis pays ane certain duty called feudifirma, fewferme: uther are halden blenche, be payment of ane penny, an rose, ane pair of guilt spurs, or sum uther duty quhen it is asked, in name of blenche, or nomine albaefirmae: uther lands are halden be service of ward and relieve, and the air heirof beand minor, is in the gairde, that is wairde, custody, and keiping of his superior, with all his saides lands, until he be major and of perfect age. And siklike his marriage beand Major or minor, and notched married before the decease of his predecessor, perteinis to his superior, vid. Varda. Lands halden in this last form and manner, are called feodum de Hauberk, or Haubert, or feodum militare, de maritag. c. diversa. 7. ass. reg. Da c. statutum fuit. 32. Or feodum Hauberticum, or feodum loricatum. Because it is given upon condition, that the vassal possessor theirof, fall cum to the hoist and army, with jak, 
Lorica.  and arms: for lorica a loro, signifies ane abulȝement maid of cords, and Haubert, signifies ane kind of armour, maid of mailȝies, or circles like rings, called an Haubergion, conform to the common proverb, 
Haubergion.  many mailȝies makis an Haubergion, money littles makis an meikle. Of the manner of tenors in the English laws read Litleton, and in the Normand law. lib. 5. c. 3. cum seqq.  HAIMHALDARE, 
vindicare, actione reali repetere, to repeit & seek restitution of proper gudes and gear, and bring the samin hame again. quo. attach. c. 4. as lauchfull and haimhald cattles. mod. ten. cur. c. 13. and haimhald lint, or haimhald hemp, is that quhilk growiss at haime, within this realm, & is opponed to lint, and hemp quhilk is inbrocht forth of uther countries. hamhaldatio catallorum, is quhen onie man seikis restitution to be maid to him of his awin guds and gear, wrangously taken fra him, quhair of frequent mention is maid in the old laws of this Realm. And he quha seikis the said restitution, suld swear in this manner, ane buike beand put within the horns, or upon the forehead of the beast, that is claimed before twa lauchfull witness, that the said cattles acclaimed be him did wander away from him, and that the samin was notched given, sauld, or onie manner of way annalied be him to onie kind of person. vid. Catalla.  HARA porcorum. 
vid. Creffera.  HERREȜELDA, 
is the bestaucht, ox, kow, or uther beast quhilk ane husband man possessor of the aucht pairt of ane davach of land: (four oxen gang) dwelland and deceasand theirupon, hes in his possession, the time of his decease, quhilk aucht and suld be given to his Landislord, or master of the said land. lib. 4. c. si quis. 22. ass. reg. Da. c. si quis. 41. for Herr in dutch, in latin herus, dominus, signifies ane lord, or master, and ȝeild is called ane gift, 
Here. Ȝelde.  tribute, or taxation, as in the old acts of parliament maid be King James the first, it is written, that ane ȝeilde was gaddered, for the relief of him out of England. And ane uther ȝeilde, was collected, for resisting the rebels in the North. Swa Herreȝelda, is ane gift given be onie man to his master and Lord, quhilk suld be his best aucht 17. October. 1470. Quhilk is conform to the aulde laws. li. 2. c. tenentur 35. quhair ilk person makand his testament, suld recognosce, and acknawledge his master with the best thing he hes Swa it is manifest that the Herreȝelde is given, be reason of the tenants deceis to his master, as ane gift, for acknawledging, and honouring of him, and therefore in the civil law is called, laudemium, a laudando domino. Item in the old Saxon, 
Laudemium.  and Dutch language Herr, is ane hoist, army, or weirfare. Swa (as sum thinks) Herreȝelda, signifies that quhilk is given to the Lord, or master passing to the hoist, 
Here.  or be reason of weirfaire. For sick small husbandmen having only four Oxen-gang of land, and thereby, be reason of their poverty, notched able to pass to weirfare in proper person, suld help their master, 
Herischulda.  passand fordward theirunto: like as Herischulda; is the pain of him quha obeyis not the proclamation maid for weirfare, for schuld is debitum. or debt, and heribannum is ane charge or proclamation maid for weirfare. 
Heribannum.  Curia lib. 1. de feud.  HILDA, terrae, Hida terrae, 
an pleuch of land. vid. Carrucata.  HOMAGIUM, 
dicitur quando aliquis promittit se esse hominem alicujus domini, & stare & habitare, ubi voluerit dominus. Et super hoc facit homagium, id est promissionem, ut sit suus homo. Vel homagium dicitur fidelitas hominis, pro rebus temporalibus facta domino. Chessan. in consuetud. Burgund. rubric. 3. §, 1. verb. des fieds. & in §. 3. nu. 3. It is a band of man-rent, quhen onie person promises to serve ane uther, in sick sort, that he shall be friend to all his friends, and foe to all his foes, against all deadly. Lib. 2. c. praedictis. 60. le. Forest. c. quando 60. It is therefore called hominium, and suld be maid be the vassal being minor, or major, to his over-lorde. Lib. 2. d. Cap. 60. And the samin being maid generally, without exception of any man, is called homagium cum ligeantia factum. vid. Ligeantia, homage differrs from fidelity, first be reason of the people makeris theirof, for weemen makis na homage, bot only fidelity. lib. 2. c praedictis. 60. Because homage concernis service specially in weirfaire, to the quhilk weemen are notched subject. And likewaies consecreate bishops, makis only fidelity for their lands, and baronies, lib. 2. c. fieri. 61. In this form, I shall be leill and true; to ȝow my liege Lord, and schir N. King of Scotland, and shall notched hear ȝour skaith, nor see it, 
Form of fidelity.  but I shall let it at my power, and warn ȝow theirof, ȝour Council council, and heil, that ȝe schaw me: The best counsel that I can to give ȝow, when ȝe charge me in verbo Dei, and as help me God, and the holy Evangell. The second difference is be reason of the form and manner, for he that makes fealty, kneilis notched on his kneiss, Bot he that makes homage kneilis down: utherwaies the form of homage maid be barrones to the King, and the form of fidelity maid be them to the King, are notched far different, for the form of homage maid be them is this: 
Form of Homage.  I become ȝour man my liege King in land, lithe, life and limb, worldly honour, homage, fealty and lawtie, against all that live and die. Ȝour counsel conceiland that ȝeschaw me: The best counsel schawand, give ȝe charge me: ȝour skaith and dishonour not to hear or see, bot I sail let it at all my goodly power, and warn ȝow theirof. Swa help me God. The form of fidelity maid be the barrones to the King is this, I shall be leill and true, to ȝow my liege lord, Sir. N. King of Scotland. I shall never see ȝour skaith, nor hear it, bot I fall let it at my power, and warn ȝow theirof. Ȝour counsel schawin to me, I shall council: the best counsel I can, I shall give ȝow, quhen ȝe charge me theirwith, sa help me God. Fiunt autem Homagia de terris tenement is liberis tantummodo & servitiis: 
For quhat things homage suld been maid.  de redditibus assignatis in denariis, & aliis rebus, Fro solo vero dominio, non solet fieri homagium excepto domino principi, lib. 2. c. fiunt. 66. Ita hic locus corruptus & difficilis legi debet. Concerning the exposition of the quhilk it is to wit, that all homage is maid to the over-lord and master, quhairof sum are mayst chief and principal, sick as the King, to quhom without onie exception suprema fides, quae nullam exceptionem patitur jure optimo debetur. Uther over-lords are inferior and subaltern, to quhom their vassals are bund and oblished, and suld make their homage. And swa their is twa kinds of homage, aut enim est ligium, aut non ligium. vid. Ligeantia. Baith the ane and the uther may be maid pro terris, tenementis, 
Homagium ligium & non ligium.  annuis redditibus: Because ane free halder of lands, tenements, and annuell-rentes, may make homage to his immediate superior for his lands or tenementes, exceptand the King and his elder over-lord, quhilk is Homagium non ligium, lib. 2. c. fieri. 61. leg. forest. c. quando. 60. Or he may make homage to his over-lord simpliciter, without exception of any person or uther over-lord, quhilk is homagium ligium. Pro solo dominio, na homage can be maid, bot only domino Principi, quhilk is Homagium ligium: Because it is upon condition, and covenant that he to quhome it is maid, falbe master, Lord and maintainer allanerlie to the maker thereof. And he quha makis the samin, shall acknawledge him and nane uther, to be his Lord and master for his maintenance, protection and defence, quhairanent he makis exception of na person, and swa this kind of homage, is maid to the King allanerlie, pro folo ipsius dominio, quem solum & nullum alium omnes debent agnoscere pro solo domino. Hic locus admodum difficilis me diu, multumque torsit, neque aliter me hinc extricare possum, sed in hac re suum unicuique liberum esto judicium.  HUESIUM, Hoyesium, 
ane French word. Oyez, in latin audite, ane hoys, or cry used in proclamationes, quhairby ane officiar of arms, or messenger dois conveen the people, and foirwarns them to hear him, the maritag. c. sciendum. 17. the judic. c. 57 It is called alswa, an out-hoy, or cry, leg. forest. c. si quis 91. And ane thief suld be taken with the blast of ane horn with clamour, or hues, and presented to the kings bailie. And give thereafter he flies away, he may be slain leisumly, & hanged up in the next gallows. lib. 4. c. si quis latronem. 33. Quhilk in an pain is conform to the Act of Parliament. Ja. 6. p. 1. c, 21. And in the laws of England; ann. 4. Edward. 1. he quha followiss not the hue, raised for apprehending of malefactors, salbe accused therefore.  HUSBANDLAND, 
contains commonly 6. aikers of sok and syith land: That is of sick land as may be tilled with ane pleuch, or may he mawed with ane syith. For as sum old writers testifies, the Earl of March for the time, caused his servand Simon, or Sim Salmond, to divide the hail land in the Mers into husband lands. Ilk husband land containing 6. aikers, quhair pleuch and syith may gang. Quhat Earl of March this was, 
Forefaultour of Alexander Earl of March, etc.  I am notched certain, bot I find that ane called Simon Salmound is foresalted with Alexander Duke of Albany, Earl of March, Mar, and Garrioch, Lord of Annanddale, and of Man, brother to King James the third, 8. Julij. 1483. Bot the Lords of Council esteemis the ȝeirlie nails, fermes, and duties of ane husband land, to five marks, in Registro. 1. Decemb. 1545. And ane uther husband land lyand beside Dumbar, they esteem it to 14. bowls bear, and 3. bowls quheit, in Registro. 14. Feb. 1544. And ane uther husband land to 3. pound. Swa I find na certain rule prescrived anent the quantity and valour of ane husband land.    

I  
INFANGTHEFE, 

lib. 1. c. 3. ane Dutch word, quhairof I find divers interpretationes, for in the old laws of the Brittones maid be King Edward, infangthiefe is ane liberty or power pertaining to him quha is infest theirwith, to cognosce upon theft, committed be his awin man, taken within his awin dominion, & lands, like as in sindry old books, conteinand the lawis of this realm. Infangthese dicitur latro captus de hominibus suis proprijs, saisitus de latrocinio: & outsangthiefe is an for ā thief quha comes fra an uther man's land, or jurisdiction, & is taken & apprehended within the lands pertenand to him quha is infeft with the like liberty. In sindry uther buiks it is written, that insangthiefe is an liberty, to sit & deceid upon theft, committed within the jurisdiction of him, quha is infeft theirwith, be his awin man; or any uther man quhatsunever, taken therewith, within his awin jurisdiction. And Out-fang-theife, is power or liberty to reduce, replege, and bring-hame to his awin court, all thiefs being his awin men, and committand theft within his awin bounds, quha are fugitive and taken within ane uther mannis jurisdiction, with the fang, that is, hand haveand, and back-bearand, Lib. 4. c. Si quis 11. Quoniam attach. c. nullus 22. Quhilk fang in the civil law, 
Furtum manifestum.  is called furtum manifestum. Bot sindry uthers are in the contrair opinion, affirmand that it is not leasum too any man havand liberty of outfangthief, to repledge or reduce his awin man, taken without his awin liberty for theft, to his a win court, & there to do justice upon him; Because all thiefs suld underly the law, and be judged be him, within quhais jurisdiction the theft is committed: in sick form & manner, as is statute anent slauchter, & punition thereof. ja. 1. p. 2. c. 89. Amangst the interpreters of the civil law, I find the like controversy in this mater. For. Bart. in. l. Sidom. 48: Nu. 2. ff. d. furtis. Quocunque (inquit) in loco reperitur fur cum re furtiva, ibipotest puniri. Veluti furtum faciens Floentiae, Si reperitur in alia jurisdictione, veluti Mediolani, cum furto, potest à Mediolanensibus puniri, Quhais opinion sindry Doctoures follow is, as writs Chessanaeus In consuetud. Burgund. Rubr.. Verb. simplè larrecin. Nu. 15. Albeit sundry uthers are in the contrair opinion; alleagand, that the thief suld he punished in the place quhair he commitis the theft, ut in additione ad Bartol. in. d. l. 48. Conform to the quhilk, it is statute be the Law of this realm, that ane thief of stolen wood, taken with the fang in an uther Lords lands, suld be arreisted with the wood, & shall suffer the law in his court, fra quhom the wood was stolen. ja. 1. p. 2, c. 34. Mairover, ane thief is ordaned to be punished in the place quhair the theft was committed, because the crime may be best tried there, Stat. 2. Rob. Br. c. 4.   INFENSARE curiam. 

That is, quhen the judge insormis the suitors in sick things quhairof they are ignorant. Quoni. attach. c. ubi ab aliqua. 10. Like as the civil law. judex potest supplere ea que advocatis in jure desunt. ITER, From Itinerare. b.e. Iter facere: As Iter camerarij, The Chalmerlane air, quhairof ane good form is written and extant in the buiks, conteinand the old laws of this realm. 
The form of the justice air, or court.  Iter iustitiarij, the justice air, quia Iustitiarius debet itinerare per regnum, as it is written in the English laws: For he suld make course throw the realm, for ministration of justice, and ride in competent and easy number, to eschew grievance, and hurting of the people. ja. 2. p. 6. c. 21.  
The justice air suld be halden twice in the ȝeir. For King David statute & ordaned, that the justice & his deputes, suld hauled twa head courts ȝeirlie. 
Justice air suld be halden twice in the ȝeire.  Ass. Reg. Da. cap. statuit dominus. 18, Quoniam attach. c. statuit 77. And the King's justice, the Lords of the regalities, and also the King's Bailies in his regalles, suld hauled their justice airs twice in the ȝeir. jam. 2. parlia, 3. cap. 5. universally in all parts of this Realm, anis on the grass, and anis on the corns. jam. 2. par. 13. cap. 94, jam. 4. par. 3. c. 29. And over all the Schires of the Realm, in the Months of April, and October. ja. 6. p. 11. c. 81. Baith in the inland, and alswa in the Isles, South and North. jam. 4. par. 6. ca 59 Because the Isles and inhabitants thereof, suld be ruled be the Laws of this realm. ja. 4. p. 6. c. 79.  
justice's airs suld be halden, for increase of justice and tranquillity of the realm, for staunching of combers, slauchters, riefes, thieftes, extorsiones, 
For what causes justice courts suld be halden.  and oppression of the King's lieges. And to the effect justice may be universally, throw the hail realm ministered, for punition of the said crimes, sick authority suld pass with the justice, throw all the realm, to the justice airs, that trespassoures; sick as men-slayers, rievers, thiefs, and committers of uther enormities, in dissobeying, and licht-lying of the King's laws, may be punished without favoures. jam. 4. par. 3. c. 29. jam. 3. par. 13. cap. 90.  
The justice air, or court being proclaimed at the King's command, to be halden sick ane day as he pleasis, in the head burgh of the Schire: The justice suld cause dittay to be taken up be his clerks diligently and faithfully. 
Dittay, and for quhat crimes it may be taken up.  For the dittay is the principal and chief substantial point of the justice air; and the justice suld follow the order thereof.  
Dittay may be taken up, upon all crimes pertaining to the justice, and his jurisdiction, as is manifest be the acts of parliament. Read the word Dittay in the table of the saidis acts, and all's upon the crime of less majesty, or treason: As the death of the King, sedition within the Realm; betraying of the kings hoist or army; Breaking of the King's protection; fraudful hiding and conceilling of ane huird or treasure; wilful fire, robbery, ravishing of weemen, murder, slauchter, theft, forestall, all kind of falsed in doing of justice; in money, assize weichtes, measures, writs; And generally, all uther like crimes, quhilk be the law, are punished be death, or cutting of ane member. Lib. 1. cap. 2. Leg. Malcolm. Mak. cap. 3. Ass. Reg. Dau. c. nullus 17. de judic. c. Placitorum. 8. Mairover, the justice general, may set particular justice Courts upon any manner of crimes, quhen need is, for punishment of particular faults that occurs; sick as recent slauchter, mutilation, ravishing of weemen. Quhilk heinous and capital crimes, may be first criminally persewed before him. And as for the depredationes, ejectiones, spuilȝies. the samin being first civilie discussed before the civil judge ordinar; Thereafter may be criminally persewed before the justice and his deputes, at particular diettes, set and apppointed therefore, or be way of dittay in the justice air. ja. 5. p. 4. c. 33.  
Dittay may be taken up twa manner of ways; privately and publicly; For the justice and his deputes may privily take up dittay, 
Dittay may be taken up privately, or publicly.  be privy inquisition of malefactors, and their receipters, be the aith of three good, honest, & faithful men, & of the principal man; sick as the Chalmerlaine or officiar within ilk village or town. Stat. Alex. c. 2. And mairover, all Lords and heades-men of all parts of this realm, suld give up dittay upon notour trespassoures, without exception of any person, to be taken and justified without remission. l. 3. p. 13. c. 94. And sulde make true relation there-anent to the Chancellar or justice, quhen they salbe required. ja. 3. p. 14. c. 98. And give they be convict be ane assize in the contrair, they shall perpetually tine their court, in all time coming. Li. 4. c. ass. 20. stat. Wilh. c. Ass. 5. secondly, the justice suld direct publicly the brieve of dittay to the Schereffe and his deputes, for taking up of dittay, quhairof the tenor followiss. 
The brieve of Dittay.   
Wilhelmus etc. Justitiarius Domini nostri regis generaliter constitutus, Vicecomiti & Pallivis suis de. E. salutem.  
Quia indictamenta Regia, Deo duce, decimo die mensis. N. proximè futuri, cum continuatione dierum. apud. F. Infra vicecomitatum vestrum levarè intendimus, vobis praecipimus & mandamus, quatenus summoneatis, seu summoneri faciatis, legitimè coram testibus legalibus, de qualibet baronia, duodecim vel quindecim homines, ad hoc opus magis sufficientes. Et de qualibet tenendria, seu villa quatuor vel sex homines. Et de quolibet burgo, duodecim, vel sexdecim burgenses, ad hoc opus magis sufficientes, secundum quantitatem locorum, & numerum personarum, in iisdem existen. una cum seriando, fabro, molendinario, brasiatore, & sectatore, cujusque baroniae, villae seu tenendriae. Quod compareant coram clericis nostris, pluribus aut uno, dictis die & loco, cum continuatione dierum, ad sursum reddendum indictamenta regia. Et saciendum ac subeundum, id quod in haec parte, juris ordo requirit. Et sitis vos vicecomes, & ballivi vestri, ibidem, coram clericis nostris, dictis die & loco, cum continuatione dierum. Haben. vobiscum summonitionis vestrae testimonium, & hoc breve. Provideatis etiam pro expensis dictorum clericorum, quas vobis in primis computis', de exitibus justitiariae reddendis, faciemus plenius allocari. Et hoc nullatenus omittatis sub omni poena, quae competere poterit in haec parte.  
Datum sub sigillo officii nostri justitiariae.  
Quhilk brieve, the sheriff suld report at the day apppointed, in the place, quhair the dittay sulde be taken up, to the justice Clerk, and twa witness at the least with him, for to verify the execution of the brieve, to be lawfully done, conform to the command of the justice. Conform to the precept & command above written; the justice Clerke ane, or maa, conveenis the day, and in the place apppointed, and there remainis sustained upon the Schireffis expenses (quhilk is allowed to him in his compte, of the issues & profits of the justice air) and takis up dittay be the relation, and deposition of the persons summoned, for the giving up thereof Quhilk dittay they suld keip quiet, and suld naways reveal the samin to any person, nor translate it utherwaies then it was given to them, nor change names, ane for ane uther: Nor put out any surth of the rolls; bot lawfully and truely suld report and deliver the samin to the justice, and his deputes. ja. 2. par. 6, cap. 28. Dittay suld be given up be virtue of the King's commission; direct to Earls, Lords, Barrones, Knights, and special Landed Gentlemen: And be four of the Council of every Burgh, quha shall make & give up dittay, be their awin knowledge, or be ane sworn inquest, or sworn particular men: Upon all people suspect culpable of the crimes and faults, pertaining to the jurisdiction of the justice and his deputes. jam. 6. parlia. 11. cap. 81. Quhilk suld be likewise keiped quiet, and reported, as said is, to the justice. And dittay being taken up, upon any crime against any people: Neither judge, bot the justice and his deputes, may mell therewith. Like as the Wardaine on the Bordoures, in his wardaine court, may notched intromet with any thing that perteinis to the dittay of the justice air. jam. 2. par. 11. cap. 42.  
The dittay taken up, in manner foresaid; The justice Clerk, at command of the justice, makis ane catalogue, 
The portuous  conteinand the names of the people indicted: And upon quhom dittay is given up, quhilk is called ane portuous. Togidder with ane uther Catalogue, quhilk conteinis the particular dittay, given and taken up, upon transgressors and malefactors, called the traistes: Baith the ane, and the uther, is delivered be the justice Clerk, to the crowner: To the effect, 
Traistes.  that all the people quhais names are contained in it, may be attached, and arreisted be him to compeir in the justice air, to answer to sick crimes as salbe in put unto them. ja. 1. p. 13. c. 139. ja. 3. p. 14. c. 99  
The crowner, in making his arreistmentes, suld pass to the habitation and dwelling place of the people, given to him in portuous, 
Attachementes, arreistments and form thereof.  and thereafter make proclamation at their Paroch Kirkes', upon festuall days, and take sovertie of them, sick as he will stand for to the King. And give the people swa arreisted, be notched streinȝicable; The Crowner shall areist their gudes, and put them in sure keiping, to the King's use: quhill the said sovertie be found: Or else take their people, and put them in the King's Castle, give any be within the Schire. And give there be na Castle, he sulde deliver them to the sheriff to be keiped. ja. 5. p. 3. c. 5.  
And mairover, because sundry people indicted, usis to fly and absent themselves; swa that the Crowner can notched apprehend them personally, 
Arreisting of fugitives.  to arreist them. In that case, it is sufficient that the Crowner cum to the dwelling place of the saidis people, and make them warning, and charge to compeare in the justice air nixt following, to answer to sick accusationes of crimes, as salbe im-put unto them. And thereafter upon the nixt Sabbath day following the said charge, the Crowner shall make open and public intimation of his warning, charge, and premonition, maid to the said's people, be their names, in their Paroch Kirkes'. Quhilk charges, premonitiones, and intimationes, shall stand to them for sufficient arreistmentes, the samin being lawfully proven, as effeiriss of the Law. Jam. 5. p. 4. c. 33.  
And mairover, give he cannocht attach any man personally, be reason of his absence; he suld arreist all his gudes movable, and unmoveable, to remain under sure pledges, and to be forth cummand to the King: In case he be notched answerable to the law, before the justice, Leg. Malc. Make cap. 1.  
The Crowner shall arreist at all times, alsweil before the cry of the air, as after the samin, all them quha are given to him in portuous, be the justice Clerk, and nane uthers. James 1. Parliament 13. cap. 139. Bot all arreistmentes, sulde be maid before the time of the beginning of the justice air and seat of justice, and naways after the samin. Ja. 3. par. 7. ca 58. All people charged to compeir, in the justice air, suld be attached and summoned be the old law of this Realm, upon the space of forty days at the least. ass. Reg. Da. c. ad Summonitiones. 19 And albeit na man suld be attached or arreisted, except dittay be given up upon him. Stat. Alex. c. 2. Nevertheless, in attachementes, or arreistments of any person indicted, na mention suld be maid of the cause or crime, for the quhilk he suld be indicted; bot the same suld be concealed be the clerk, and na ways revealed be him. Stat. Wilh. c. statuit etiam 6. leg. Forest c. Si aliquis 52. quoniam attach. c. Si aliquis 49. Ass. reg. Da. c. 6.  
All the indwellers within the town or village, suld concur and assist the crowner, 
Arreisting of disobedient people.  in attachment or arreisting any malefactor to compeir in the justice air, to underly the law. Stat. Alex. c. 2. And siklike, quhen the crowner receivis his portuous, conteinand the name of any person indicted, quha will not obey him, or quhom he dare not, nor is it of power to arreist; he shall pass to the Lord of the Barronnie, quhairin that person dwellis: Utherwaies give he dwelliss not within ane Barronnie, he shall pass to the sheriff of the Schire, and require them to be borgh and sovertie, to enter the said person to the justice air; quhilk give the Barrone or sheriff refusis; the Crowner fall require them to send their officiares, and sufficient number with them, to fortify and supply him, in making of his arreistment, taking and keiping of the said disobedient person. quhill he be brought to the sheriff, to be keiped be him, until the time of the Justice air. Jam. 3. p. 14. c. 99 Mairover the crowner shall bring all people arreisted be him, quha hes not, or may not find borrows to the sheriff of the Schire, quha shall receive him in surety, and firmance, upon the King's expenses; and quhair it failȝies, on their awin gudes, quhill the nixt justice air, and there present them to the justice. Ja. 3. p 14. c. 102.  

The crowner's expenses.  The Crowner, or makers of the attachements and arreistments, suld not intromet, or carry away any gudes or gear, pertaining to the people attached: Bot the Lord, or officiar of the town, shall sustain them reasonably, upon the expenses of the said person, be the space of ane day, and ane night. Stat. Alex. c. 2. And give the said person cannot be personally apprehended: The crowner may remain in his dwellinghouse ane day and ane night, and suld be sustained with twa servandes, and uther twa as witnesses, and his clerk suld have twa schillings, and sa may notched take any mair of the gudes and gear, pertaining to the said person attached, albeit he be absent. leg. Malc. Mak. c. 1.  

Probation of arreistments.  Attachements and arreistments maid be Crowner's and serjandes'; may be provin be them and witness. ja. 3. p. 7. c. 52. That is, be the aith of the Crowner, & ane witness, conform to the old consuetude. l. 5. p. 4. cap. 33.  

The crowner's fee.  The crowner shall have for his fee, for ilk man amerciat or componand, ane colpindach, or threttie pennies. For him that is clenged be ane assize, the crowner shall have na thing. For ane man filled or condemned, the crowner shall have all the dantoned horse not schod. Leg. Mal. Mac. c. 1. Quhilk is to be understand, of dantoned Horse, depute to wark, and not to the saddle; that was never schod, nor used to schoones. J. 3. p. 14. cap. 113. The crowner suld have all the corns lyand in binges and mows, casten and broken, all the insight, utensile, and domicile, within the inner part of the house: That is, within the cruik hingand upon the fire. And all and sindrie scheip within twenty: And all the swine and Gaites within ten. Leg. Mal. Mak. c. 1. Attachements and arreistmentes being maid, or directed to be maid; 
Of person's quha suld compeir in the justice air.  or in the time of the making thereof: The justice general, directis ane charge, called praeceptum itineris justitiariae, 
Praceptum itineris justiciaria.  to the sheriff and his deputes, in manner and form following.  
Wilhelmus Iustitiarius domini regis generaliter constitutus, Vicecomiti & Ballivis suis de E. salutem.  
Quia ordinamus iter justitiariae domini nostri regis, Deo duce, tenen. de tota ballia vestra, apud. E. Decimo die mensis. N. proximè futuri, cum continuatione dierum Vobis pracipimus & mandamus, quatenus summoneatis; seu summoneri faciatis, legitimè & coram testibus legalibus, omnes Episcopos, Abbates, Priores, Comites, Barones', & ceteros liberè-tenentes, totius balliae vestrae qui sectas debent. Ac etiam omnes illos, qui nihil nisi suas debent praesentias, qui de domino nostro rege tenent in capite. Quod compareant coram nobis seu deputatis nostris, pluribus aut uno, dictis die & loco, cum continuatione dierum, ad perficiendum, subeundum, & determinandum, id quod in hac parte, juris ordo postulat. Praemoneatis etiam, omnes indictatoes, tam de novo, quam de veteri, & suos plegios, qui nondum coram nobis comparuerunt, & judicium subierunt, ac etiam illos, qui prosequi habent, vel defendere in dicto itinere, secundum formam juris. Quod compareant coram nobis, seu deputatis nostris, pluribus, aut uno, dictis die & loco, cum dicta continuatione dierum, ad perficiendum & subeundum, id quod in hac parte juris ordo requirit. Et fitis vos Vicecomes, & Ballivi vestri, ibidem, dictis die & loco, cum dicta continuatione dierum, haben vobiscum summonitionis, ac praemonitionis vestrae testimonium, & hoc breve. Provideatis in-super pro expensis nostris, benè & competenter. Quas vobis, in vestris primis computis', de exitibus justitiariae reddendis, vobis faciemus pleniùs allocari. Et hoc nullatenus omittatis, sub omni poena, quae competit in hac parte.  
Datum sub sigillo nostri officii justitiariae.  
Quhilk precept and command, is conform to the Laws of this realm: Because all freehalders, haldand lands in chief of the King, within the Schireffdome, 
Assessors and counsellors.  quhair the justice air is halden, suld compeir and be present all excuse set aside, except the same be of sickness, the King's service, or tinsel of lands and heritage; To certify and inform the justice and his deputes, in sick question and doubts, quhilk incidentlie arisis, as emergent, and of before could notched be foreseen, nor knawen. Ass. reg. Da. c. stat. 18. quoniam attach. c. stat. 77. sick as Bischops, Abbots, Priors, Earls, Barones', and uther free tenants, being summoned and warned to that effect, quon. attach. c. ad summonitiones 78. l. 4. c. Stat. 19: and they being lawfully warned and not compeirand, incurris, the pain of the unlaw of the court. Li. 4, c. statutum. c. 19 And may be punished as favourers of the transgressors, and airt and part with them. ja. 4. p. 3. c. 29. And they and all uther the King's lieges, suld come to the justice air, and to all uther courts, in sober and quiet manner; and suld not bring with them, maa people, then are daily in their houshold and families. And being cum to their Inns and ludgeing, suld say their armour and weapons from them, and use na weapons, bot their knife. ja. 2. p. 12. c. 83. Mairover, all Lords, Spiritual and Temporal, Barrones and uthers, cummand to the justice air, suld naways maintain, fortify, supply, defend, nor be Advocattes, nor stand at the Bar, with manifest traitoures, men-slayers, thiefs, rievers, nor uther trespassoures, nor people pertaining to themselves, or utheris: Saisand, it salbe leasum to them in sober ways, to stand with their kin, and friends, in defence of them, in their honest actiones. ja. 3. p. 14. c. 98. Quhen the justice air is to be halden upon the Bordoures; The Wairdaines, within their Wairdainries, and their deputes, with the freehalders of the Schireffdome, being warned thereto be the sheriff, be open proclamation, suld convoy the justice and his deputes, to the place apppointed for halding of the Court: And accompany them, enduring their residence, and until they be out of the bounds of their Schireffdome, and received be the nixt sheriff. ja. 6. p. 11. c. 81.  
In the justice air, suld compeir all people attached, and arreisted, 
People attached.  conform to the dittay given & taken up upon them; quhairof, some were arreisted of before, to have compeired in the justice Court preceiding, already ended, and expired, and compeired notched in the samin: quhais names are given to the Crowner, to be of new attached, and arreisted, to the air following, as of before: Uthers are of new indicted, upon quhom nae point of dittay was taken up, in any time by-gane, quhais names are comprehended in ane Catalogue, called portuous. All the foresaidis people indicted, baith of old and of new, suld be attached and arreisted be the Crowner, to compeir and underly the law, the time of the justice air, as is manifest be the precept foresaid, direct be the justice general, to the sheriff.  
All persons arreisted, that may be apprehended, the time of the air, in the Tolbuiths, or in the town, quhair the justice is, salbe taken and delivered to the justice, to be justified for their crimes and trespasses. Swa that the arreistment be maid before the time of the beginning of the justice air, and seat of justice. Jam. 3. par. 7. cap. 57 And quhair lands lyand in sundry Schireffdomes, are annexed and united in ane Barronnie: 
Inhabitants of annexed lands.  The inhabitants thereof, shall answer in the justice Court, quhair the lands lyis, and the Lord, or proprietar of the lands annexed, givis presence or service, in the court of the Schireffdome, within the quhilk the barronnie lyiss, to the quhilk the lands are annexed. Ja. 4. par. 6. c. 93. For in this case, respect and considderation is had to the natural situation of the lands, and to the jurisdiction, within the quhilk they lie: rather nor to the imaginar, and civil form of lying, of the lands be annexation.  
Attour, all inhabitants of stewardries and baillieries, 
Stewardries, & Baillieries  shall come to the head burgh of the Schireffdomes, quhairin they lie: And within the quhilk head burgh, the King's justice airs are halden. Ja. 6. par. 11. c. 81.  
The judge in the King's justice air, is the King's justice general, 
The judge.  or the kings baillie, in his regalles, havand lauchfull power and commission granted to them. Ja. 2 p. 3. c. 9 For the King, or the justice general, may make aucht deputes, quha with ane depute of the Thesaurer, and ane uther of the justice Clerk, suld pass severally throw the aucht quarters of the realm, and hauled justice Courts. I. 6. p. 11. c. 81.  
The justice general, suld have for his sustentation, ilke day of the air, five pound. Like as the justice Clerk suld receive for ilk man clenged, 
The justices expenses.  be ane assize, and drawn forth of the rolls, four pennies. And for ilk man amerciat, or componand, ij. s. Leg. Mal. Mak. c. 2. For ilk Actorney and commission, twa shillings. For ilk man quha producis ane remission, twa shillings. For ilk man that cummis in the justice will, twa shillings. For ilk man convict and filled, twa shillings. For ilk letter of witness, sex shillings, aucht pennies.  
The sheriff suld be present, as he quha is warned be the justice precept, to answer to all the points thereof: 
The sheriff. The crowner.  And touching the execution of his office, togidder with the Crowner, quha suld answer for his attachementes and arreistmentes, and verification thereof: And the sheriff, with the Crowner, suld th'oil ane assize, the last day of the air, anent the using and execution of their offices, to quhome justice suld be ministrat, as they shall be found innocent, or culpable. Jam. 3. parlia. 14. cap. 103.  
The day of compeirance being cum, to the quhilk the justice air is cried and proclaimed; The justice and his deputes, 
The form of the court.  suld compeir with all uther people, charged and commanded to concur and assist with them. Are the quhilk time, the suits suld be first called, 
The suit of courts.  with their Lords. For albeit the Suitors compeir, nevertheless, their Lords and masters are oblished likewise to compeir, and give presence to the justice in his air: They being lawfully summoned, and charged to that effect, be open proclamation, and be the justice precept above written.  
2. The Commission and power given to the justice, suld be produced and red: 
Commission.  And give the Commission be given and granted to maa people nor ane conjunctly. They suld be all present; utherwaies it is na lauchfull court. Bot give they be constitute conjunctly and severally: It is sufficient that any ane of them be present. And mairover, the justice may notched make and constitute deputes and substitutes under him, except he have special power in his commission, to do the samin. Lib. 4. c. si unus. 27. 
The fensing of court.  Thirdly the judge suld begin and fence the court, conform to the common order and consuetude used and observed. ja. 6. par. 11. c. 81. 
The dempster. The suits.  Quhilk suld be done at eleven hours before noon. Ja. 6. p. 11. c. 86. fourthly, the court beand affirmed, the dempster suld be called and caused to be sworn, that he shall leallie and truely, use and exerce his office. fively, the suits suld be called. ja. 6 p. 11. c. 81. ȝit again as of before ilk man, twice with their lords and masters, and the absents discerned to have failȝied, and therefore suld be unlawed, and give baith the suitor and his Master be absent, ilk ane of them be themselves suld be amerciat.  

The assize.  Sextlie, the assisouris being summoned be ane precept direct be the justice to that effect, suld be called, ilk person under the pain of forty punds, and the justice may chief assize ane or man, as he pleasis, of the best and mayst worthy of the country, before quhom the hail accusation, reasoning, writs, witness, and uther probation, and instruction quhatsumever of the crime, salbe reasoned and deduced in their presence; and also in the presence of the party accused, in face of judgement. ja. 6. p. 11. c. 90. 91. And it is to wit, that he quha givis up dittay upon ane uther, suld not pass upon his assize. ja 1. p. 3. c. 50.  

The persons attached.  7. The justice suld proceed in his court, and put the offenders give any be already in prison, to the knowledge of ane assize; and minister justice upon them, as they salbe found innocent or culpable. jam. 6. p. 11. cap. 81.  

Pledges for enters of uthers.  8. He shall call thereafter the pledges, and cautioners of people attached, quha faund sovertie before the justice any time preceding, at any particular diet, or court, to compeir the third day of the air, or sooner, upon fifteen day's warning. ja. 6. p. 11. c 81.  
9 This being done, the clerk shall visit and considder the hail rolls, and journell, and call all them quha are absent from the airs preceding. Upon quhais heads and names is written, prima dies, secunda dies, tertia dies: Be the quhilk, he understandis, troth quhat air or court they were absent. And that they may be therefore amerciat, ilk ane of them be themselves, be reason of their absence. And give the saidis people, notched compeirand of before, now compeiriss & are present: The clerk shall luik the old dittaies and rolls, and accuse them, conform thereto, in the best manner he may goodly. And give there be na particular point of dittay, or accusation; he shall lay commoun dittay to their charge.  
10. Thereafter the justice shall call the people newly indicted and arreisted; And give they or onie uther of the arreisted people foresaidis, compeir; they suld be presented to the court, and to the sheriff, quha suld answer for them, until justice be done upon them.  

Excuse for non-compeirance.  11. They quha are attached, and compeiriss not, may naways be accused for their notched compeirance, bot be the King's service; quhilk suld be verified be the King's letter, produced in court: Or be reason of seiknesse. Quhilk be the old law, was tried be ane assize, quhidder it was true, or feinȝied: Albeit the party was absent. Stat. 2. Rob. Br, c. 5. Bot now it suld be proven and verified be the Minister of the Paroch, within the quhilk the person excused dwellis: And be twa witness personally compeirand in judgement. 
Of persons absent or fugitive.  I. 1. p. 9 c. 114. And concerning people absent, it is generally ordained, that every barrone and freehalder, shall answer in the justice air, for his awin men, dwelland upon his awin proper lands, tacks, steadinges, towmes, and baronies, and salbe halden to enter them, or else answer to the King, for their unlawes. I. 5. p. 3. c. 6. Quhat is the unlaw in the justice air. vid. Amerciamentium. Bot for the better understanding of the laws, concerning fugitives and absentes: It is to wit, that be the old laws of this realm, give the party defender being lawfully warned, compeired not, bot send ane essoinȝie, or excuse; the samin being reasonable, was received and admitted to the judge, three sundry days or courts: And give he compeired afterwards, and verified not his essoinȝies to be lauchfull, he was distreinȝied, and poinded therefore. Bot give he neither came, nor send ane excuse: The party persewer compeared at lauchfull day and time of court, and offered him ready to pursue, quhilk he did be the space of three days. And the third court beand bypast, the defender was summoned to compeir the fourth day: The quhilk fourth court was peremptour; because sentence definitive was given against him, conform to the claim and petition, give he compeired notched. Lib. 1. c. summonitus. 9 
The fourth court.  The like form and order of process was observed in justice courts. For mention is maid of the first air. ja. 3. p. 13. c. 94. And of the second air. I. 5. p. 4. c. 32. And of the fourth court. I. 3. p. 14. c. 101. And give any person indicted, and lawfully attached, compeired not, the said three courts, his pledge or law borgh was called and amerciat for the first, second, and third court, and at ilk time after ilk ane of the saidis courts, the said pledge was poinded and distreinȝied, and the distress or poinded was let to borgh, and maid free under caution; that the said person indicted, suld compeir in the nixt air following, to underly the law. And give he was absent at the fourth court, the peremptour doom was given against him, That sick ane man was in ane amerciament, and at the King's horn, and his lands and all his gudes escheit to the King, except he come within forty days, and did bide the law: And thereafter the court being ended, the said person was denunced rebel, and put to the horn openly at the mercat croce of the head burgh of the Schire. Quhilk form of process, was sa long and prolixt, that in money ȝeires, parties hurt and grieved, got na justice: And trespassoures and crimes passed unpunished: quhilk was the occasion to money people to commit crimes, trusting na hasty punition nor correction to follow. Therefore King james the Fifth, 
The second court.  statute and ordained, that the process of justice air, and justice courts, suld be peremptour at the second air or court, swa that fugitives not compeirand at the second air or court, suld be denunced the King's rebels, and put to his horn, and all their gudes his escheit. jam. 5. Parl. 4. Cap. 32. 
Replegiation be reason of regality.   
12. Hereafter the Lords of regality may desire their men to be remitted to their awin justice court, and replege them, schawand their commissiones, power, and payand therefore; and leivand ane caution behind them, called Culrach, quha salbe acted and oblished, in the justice Court, that justice salbe done and ministrat, in the court of the regality, to the party compleinand upon the person repleged.  
13. The justice or his Clerks, 
Replegiation of burrows.  shall demand and spear at the Bailies of Burrowes, give they be ready to present ilk Burges within their Burgh, indicted to the King's justice air: Quhilkis people suld all enter personally before the justice, under the pain of ane un-law and amerciament of court: quhais names the said's bailies shall put in writ, and deliver the samin to the justice, or his clerks. And give they will borrow or replege their saidis nichtboures; they shall schaw their Commission, & pay therefore; & thereafter they shall draw, or oblige themselves, their Commission, & burgh in pledge: That they people quhom they replege, and quhais names they give in write, salbe furth-cummand, and answerable to the laws, and challenge of the justice. At the quhilk time, he and his deputes shall assign to them ane certain day, to underlie the law, either in that air, or thereafter quhen he shall think speedfull. And at the samin time, it is leasum to the King's justice, sittand in the principal burgh of the royalty, to give ane assize to all the saidis burgesses. repledged of their awin nichtboures, that best knawis the verity, dwelland in the same burgh with them. And give there be notched ane sufficient number of the said con-burgesses: It salbe leiffull to choose ane assize of the burgesses of the said head burgh, quhair the justice and his deputes sittis', as he shall think expedient. ja. 4. p. 1. c. 1.  
14. Give the party accused compeirand, alleagis to his remission or respite; he shall produce the samin in court, 
Remissiones, or respettes.  and shall find sicker borrows to assith and content the party compleinand, within forty days following: Quhairupon ane act is maid in court, quhairby he and his cautioner, are oblished to assith and satisfy the party, within the space foresaid; Quhilk is called the act of Adjournall. 
Act of adjournall.  And give he refusis to find caution, he shall remain in the King's prison, quhill the said forty days be run, and then his remission salbe expired, and of na value. ja. 2. pa. 14. c. 75. And in this case, quhen any man takis him to his remission, respite, or composition, in the justice air, or justice court, and findis sovertie to assith the party: It is leasum to the party to call the said sovertie before the Lords of Council, conform to the act of Adjournall, maid thereanent. ja. 5. p. 3. c. 7. As give any man becummis sovertie for ane uther, anent spuilȝie committed be him; and for restitution or satisfaction to be maid be him therefore. He as sovertie may be called and convened for the gudes spuilȝied. For the violent prices thereof, for the damnage, skaith, and interest sustained be the persewer, throw the committing of the said spuilȝie. 10. Martij. 1500. William Keith, contrair the Earl of Caithnesse. And the said sovertie being condemned, hes good action against the principal party, for his relief, be ane simple charge, upon sex day's warning, without peremptour summoundes, or order of table, 11. Julij. 1543.  
15. Give the person attached compeiriss in the Court, and beand accused, hes na relevant exception, or reasonable defence; of necessity he suld pass to the knowledge of ane assize, conform to the Laws of the Realm. At the quhilk time, the hail assisours suld be called, and the absentis amerciat. ja. 6. p. 11. c. 76. And the party accused, suld be heard to propone all and sindrie, his lauchfull defences, against the hail assisoures or any of them, to repel them, as he may best of the law, and stay them to pass upon his assize. At this time the person compeirand and accused, cummis in the will of the justice, or he is clenged be ane assize; 
People cummand in will.  or he is filled and convict. Give he submittis' himself, and cummis in will; It is leasum to the justice, to draw him forth of the rolls, and to declare his will, and to charge him to pay ane composition, or sick ane sum of silver, as he pleasis to modify, after the quality of the crime and person, for up-taking and inbringing quhairof, the justice air being ended, the justice directis his precept, called, Praeceptum extractus itineris justitiariae, in this form. 
The precept of extractes:   
Wilhelmus justitiarius generalis, Vicecomiti & Ballivis suis de. E. salutem.  
Quia in itinere justitiariae Domini nostri regis, per nos ultimò tent. apud. F. decimo die mensis. N. Anno Domini etc. Diversi fuerunt amerciati, & pro suis delictis convicti, & in nostra voluntate positi. Quare vobis praecipimus & mandamus, quatenus de infra scriptis personis subscriptas summas levari faciatis, & pro eisdem secundum formam juris distringatis. Et primò de N. summam etc. De quibusquidem summis solvatis pro expensis nostris in dicto itinere summam. N. Residuum verò dictarum summarum solvatis cofferariis Domini Nostri Regis: Vel cui vobis assignabitur infra tempus legitimum, hoc est infra quadraginta dies primum diem dicti itineris proximè & immediatè sequen. Et hoc nullo modo omittatis.  
Quhen any person is clenged be ane assize, 
People charged.  the justice directis his Testimonial, called Litera testimonialis de homine mundato per assisam, in manner following.  
Wilhelmus justitiarius generalis, universis & singulis ad quorum notitias praesentes literae pervenerint, salut.  
Noveritis quod comparens coram nobis itinere justitiariae Domini nostri Regis, tent. apud. F. decimo die mensis. N. anno Domini etc. I. de. B. indictatus. & per rotules Regios calumniatus, de arte & parte talis furti, vel talis rapinae, vel incendij etc. Quamquidem calumniam dictus. I. in fancy judicij penitus denegavit. Et super hoc ad recognitionem assisae utique se submisit. Quaequidem assisa hinc inde diligenter consultaes, Et pleniùs avisata, dictum. I. à dictis calumniis sibi impositis, quittum declaravit, penitus & immunem. Et hoc omnibus quorum interest, vel interesse poterit, notum facimus per praesentes.  
In cuius rei testimonium sigillum officij nostri appendi curavimus.  
All they persons quha cummis in will, and drawn forth of the rolls, and also they quha are clenged be ane assize, can na ways in any time thereafter be called or accused for that crime, for the quhilk they come in will; for anis quit and clenged, ay quit and clenged. Ȝit nevertheless, give any person be accused criminally of life & limb, at the instance of ane uther private man allanerlie, and is clenged and maid quite: the King's justice & his deputes, be reason of their office, may thereafter taken inquisition anent the said crime; & in the King's name accuse the committer thereof, conform to the Law. Notwithstanding that of before, he was clenged thereof be ane assize. Lib. 4. c. Si querela. 58. Because the action or pursuit of ane privy party, prejudgis not the King in his riched or rents, competent to him, be reason of his royal power. And therefore the Thesaurar, and the King's Advocate, may pursue all malefactors: Albeit the parties desist, or privately agreed amangst themselves, ja. 6, par. 11, ca 76.  

People filled and convict.  Quhen trespassers and malefactors are convict, as breakers of the statutes, and acts conteinand dittay; they aucht and suld be punished according to justice, and conform to the tenor and pains contained in the acts broken and contraveened be them. ja. 4. p. 4. c. 45. And sa give the pain contained in the act be pecunial, they suld pay the samin. And give it be capital, they suld underly and suffer the samin, except the King give them remission, and special grace there-anent. As for example, landed men, lawfully and ordourlie convict of common theft, receipt of theft, stouth, or riefe, incurris the pain of treason, and therefore suld be punished be tinsel of life, and confiscation of lands and gudes. ja. 6. p. 11. c. 50. Always the Crowner may not intromet with any gudes or gear pertaining to any trespassour, convict and condemned to the death, as his awin hand, until the Scheriffe or his deputes, pass, or send with him, and visie all the hail gudes; and deliver to the Crowner sameikle, as he sulde have be reason, and as perteinis to his office, and bring the remanent to our Sovereign Lord, and his Thesaurar. I. 3 par. 14. c. 102.  

The end of the air.  The justice air beand ended; the justice shall deliver the extract thereof; subscrived be him to the Thesaurar quha sall cause take up the soumes contained thereintill, and make count thereof in the nixt Chequer, in the quhilk count salbe allowed the expenses and charges of the justice, & his deputes and Clerks, as the samin salbe modified be the Lords, Auditoures of the Chequer. ja. 6. p. 11. c. 81.     

L  
LAST 
Of gudes, how meikle it conteinis. vid. Serplaith.  LET Lands to borgh, 
dimittere terras ad pleg. vid. plegius. vide Recog.  LEX Apparens 
lib. 4. cap. 4. de iudic. c. 24. Leg. Forest. cap. Item in placito. 16. signifies the law concerning singular battle. And lib. 4. cap. 1. it signifies ane inquisition, maid, or taken be ane inquest or assize. And in the Law of Normandy. li. 9 c. 10. It is called Loy apparisant. And lib. 8. c. 3. All quarrels of possessiones or moveables, quhilkis are called Chattel, or of lands and immovable gudes, suld be decided be commoun and simple quarrels, conform to order of law, or be laws Apparisantes; 
Loy apparisant.  quhilkis are determinat, ather be singular battle, or be ane inquest of of the country, utherwaies called, Loy recognoissant. It is likewaies called, 
Lex paribilis.  Lex paribilis, a parium pugna, vel concertatione, from the combat of peers and Campionis, or lex duellonum, quhilk law is ungodly, and not to be used among Christianes'. Cuia. lib. 1. de feud.  LIBERATIO, 
ane see given to ane servand, or officiar, quhilk is called ane livery. Leg. Malcoln. Mackenneth. c. 4. Feodum, or fee, is commonly of silver and money, and ane livery is of meat or cleithes. Bot this distinction or difference, is notched perpetual.  LIBERUM Tenementum, 
is commonly, and properly called, frank tenement, or life-rent: In Latin, usus fructus, conform to the daily practicque of this Realm. And nevertheless, Liberum tenementum, signifies, the property, fee or heritage. Donatio liberi tenementi, & concessio haereditatis, is baith ane. Lib. 2. c. potest. 21. Tenementum Regium, is called the King's heritage. Lib. 2. c. Dicitur. 74. In the quhilk signification, Minor dicitur esse in tenemento. lib. 3. c. Generalia. 24. c. Remanere 26. Et placitum de recto & liberis tenementis per breve domini Regis de recto debet terminari. Lib. 1, c. 6. And King Alexander gave and disponed to Duncan Forbeys, tenementum de Forbeys. That is, the lands and heritage of Forbeys: quhilk Charter is ȝit extant. vid. Tenementum.  LIGEANTIA, 
Lib, 2. c. Fieri. 61. From the Italian word Liga, ane league, 
Alodium.  band or obligation: as homo ligius, ane man, quha is oblished and bound fra the quhilk cummis, Alodium, in libris feudorum, quasi possessio sine Leode: Cuius possessor nemini est leodes sive ligius. And ligeantia, is the mutual band or obligation, betwixt the master and the servand. Lib. 2. c. plurib. 14. lib, 4. c. Si quis super. 36. Vid. Affidatio. Item, the mutual band and obligation, betwixt the King and his subjects, quhairby we are called his lieges, because we are bound and oblished to obey and serve him. And he is called our liege King, because he suld maintain, and defend us. And the doctors of the law writis: Quod imperator dicitur dominꝰ totiꝰ mundi, eodem modo quo rex regni l. been a Zenone. C. de quadr. prescript. Quhilk suld be understand, concerning the defence and maintenance, and not anent the property. 
Homagium ligium.  Quia reges non sunt domini privatarum possessionum. Glos. in. L. Barbarius de Offic. praetor. Homagium ligium, vel cum ligeantia factum, Is quhen the vassal, absolutely makis homage to his superior, against all, and quhatsumever people, without exception of onie man. quhilk suld be done to na uther, 
Non ligium.  bot to the King allanerlie. Homagium non ligium, vel sine ligeantia, is that quhilk the vassal makis to his Over-Lord, excepting and reserving the fidelity, quhilk he aucht to the King, or his elder Over-lord, or master. Lib. 2. c. fieri. 61. Chessanaeus. in Consuetud. Burgund. Rubric. 3. §. 3. Verb. & homage. Nu. 10. cum. seqq. Quhilk vassal is called, vassallus non homologus. Likeas the uther is vassallus homologus, in quhais aith na person is excepted. Cuia. lib. 2. the feud.    

M  
MACHAMIUM, Mechamium, 
from the old French word Mehaigne, quhilk we call, Manȝie, hurt, mutilation, demembration, or the loss or tinsel of any member of ane mannis body: Or the breaking of ane bane; or quhen ane mannis harn-pan, or any part thereof, is cutted away, or dung in. Li. 4. c. 4. Res cum mahamio dicitur res minus sana. Lib. 3. c. ex causa. 8. Be the old Law of this realm, he quha is mainȝied, hes ane just cause to excuse himself fra singular battle, and ȝit he will be compelled to purge, clang, and defend himself, Per ignem & aquam. li. 4. c. 4. cap. Si quis pro latrocinio 15. Quoniam: attach. c. Si quis 58. Lib. 4. c. assisa 20. Stat. Alex. c. quicunque 31. Quhairof the power perteinis not to any Barronne; For na subject may compel ane uther to purge himself be fire or water. Stat. Alex. c. praeterea 32. This kind of purgation was ane mayst scharp and extreme kind of purgation and trial: Like as we daily use in commoun proverb; quhen we say be way of menacing, & boasting, that we shall gar any person pass per ignem & aquam; That is, to suffer and underly that kind of trial that is mayst severe and extreme. It is called, judicium Dei, the judgement of God, as knawin to him allanerly. Iter. Camer. c. cum hoc. 25. And was in great use amangst the langobards, 
Judicium Dei  as is exponed be Hotomannus the feud. c. 44. In the old Saxon tongue, and ȝit in dutch, it is called Ordeil, ordalium, from, or, quhilk they use as privativa particula, and Deal, quhilk signifies ane part or portion: 
Ordalium.  quhilk word we use in the same signification: and swa Ordeil signifies innocent, quha hes na part, or is not participant of the crime, quhairof he is accused. Purgation be the fire, is quhen any man with bair feet, passis throw the fire, without any harm or hurt, or quhen any man dois carry and bear in his bare hand hot burnand iron, without any hurt of his hand, quhilk is called ferri candentis judicium. In the quhilk case, he was discerned to be Ordeil, or na ways participant of the crime. Utherwaies, 
Purgatio per ignem.  give his foot or hand was hurt be the fire, or hot iron: he was condemned, as participant and fowl of the crime. And siklike, Purgatio per aquam, is quhen any man suspect or accused of ane crime, 
Purgatio per aquam.  was casten in hot or cauld water. And give he passed to the bottom, without any hurt of his body: he was discerned ordeil & innocent. Bot give he did not fall to the ground, bot did swim abone; he was condemned as fowl of the crime; as is written in the old laws of the Brittones. Verb. Ordalium. And be Cuiac. li. 2. the feud. Purgatio vulgaris, is discharged be the Canon Law. c, dilecti. exer. de purgatione vulgari. c. ex tuarum. 8. de purgat. canonica: 
Purgatio vulgarun.  And likewaies be the laws of this realm it is forbidden as unleasun. Ass. Reg. Da. c. Stat. etiam. 30. In fine ubi pro fossam, lege aquam. Stat. Alex. c. Statuit Dominus 6. And be the law of God it is commanded, that nane sulde suffer their son or dauchter to go throw the fire. Deut. 18.10.  MANELETA, 
Ane kind of evil and Pestilent herb, quhilk grows amangst the corns, called Gulled. de judic, c. 7. The law of maneleta, or of the Gulled, was first institute be King Kenneth, quha ordained that he quha throw his fault or negligence, sufferis sawen lands to be filled with noysum herbs: For the first fault, shall pay ane Ox; for the second fault, ten Oxen; and for the third fault, shall be remooved fra the possession and labouring of the land. Hector Boetius. Lib. 10. And give ane mailer, or tennent, filis the land with gulled, & will not clang the samin, he may be punished as ane seducer, quha bringis, or convoyis ane army within his master's land, to wrack and destroy it. Leg. Forest. ca Si nativis. 28. de judic. c. 6. And give thy awin native man, or bondman (nativus tuus) hes gulled within thy land; For ilk stock or plant thereof, he suld pay ane Mutton, as ane unlaw. Leg. Forest. d. c. 28. de judic. c. 27. The quhilk law, and constitution is keiped and observed, within certain parts of this Realm; quhere the tennent sufferand the gulled to grow amangst his corns, payis ane wedder or scheipe, to his master.  MANERIUM, 
lands laboured with hand work, quasi manurium, à manu. Ane mainnes, or domain lands; Or terrae dominicales: 
Terrae dominicales.  Because they are laboured and inhabited be the Lord, and proprietar of the samin, give there be twa mainnes, pertaining to any man that is deceased, the principal manes suld not be divided; bot suld remain with his air and successor, without division; togidder with the principal message. And full satisfaction suld be maid to his wife, or relict therefore, forth of the second mainnes, or utherwise. Lib. 2: cap. Does autem. 19 de judic. cap. 112.  MANSUS, 
A manendo, ane habitation or dwelling place, specially quhair husbandmen, labourers of the ground dwellis a-landwart; to the effect they may labour their land mair commodiously. L. Si. plures. Nu. 9 C. de. conduit. insertis. Molinaeus in Still. cur. part. 3. c 85. Bot Bartol. in l. Si ita. Nu. 10. de Aur. & argent. legate. affirmis, ane Manse to be all's meikle land, as may be goodly tilled be twa oxen in the ȝeir. Cuiac. lib. 1. de feud. writtis', that mansus, is sameikle land, quhairby ane man may sustain honestly himself, and his family, and pay the duty to his Master, quhilkis called Haeredium. Bot in the practicque of this realm, it is rather called Gleba; That is, ane certain portion of arable land. 
Haeredium. Gleba.  In Latin Terra culta: Or terra veluti nativi venditi cum gleba h. e. terra, Qui nativi ascriptitij vocantur. Lib: 2. c. Pluribus. 14. And the four aickers of land, quhilk is granted to the Ministers of the Evangell, within this Land, is called ane gleebe, the quhilk suld be free fra payment of any teindes. I. 6. p. 5. c. 62. And Carolus Magnus, to the effect, that the Ministers of the word of God, suld not perish be hunger or poverty, gave to ilk Kirk ane manse. For the quhilk they suld pay na duty or service. Cuiac. Lib, 1. de Feud.  MANUS Mortua, 

dimittere terras ad manum mortuam, hoc est, ad multitudinem sive universitatem, quae nunquam moritur. Quhilk utherwaies is called Mortificare terras: That is, to give and dispone lands, to the hand or power of the Kirk, College, Community, or any University, capable to posseede, bruik, or joyis gudes or lands; The quhilk is said per Antiphrasin, seu à contraio sensu, Because sick Kirks, Colleges, Communities, or universities, dois notched die; albeit the particular members thereof are mortal, altars, and deceasis. Ius Normand. Lib. 5, c. 7. Quhilk is conform to. L. Proponebatur. 76. ff. de judiciis. Swa Manus may signify power, as in the Latin tongue. Or Manus mortua, may be conform to the Scottish word, borrowed fra the Dutch word Meinȝie, quhilk signifies ane multitude; 
Meinȝie.  and specially of folk and people. And swa dimittere terras ad manum mortuam, it is to give lands to any University, and multitude of people. Always it is not leasum too any man to mortify any part of his lands to the Kirk, without consent of the King. Lib. 2. c. Notandum. 26. Because the King may be thereby prejudged in his tennendrie, duty & service fra the quhilk the Kirk-men in old time were exemed.   MARK, 
In tractatu de ponderibus & mensuris, signifies ane ounce weight, 
Dram.  or half ane pound, quhairof the dram is the aucht part. Like as the ounce is the aucht part of ane mark. Chessa. in Censuetud. Burgund-Rubric. 1. §. 7. Verb. 65. solꝪ Turnoys: 
Solidus. Libra.  solidus. (inquit) in jure capitur pro aureo, quorum. 72. faciunt libram auri. Et duodecim unciae faciunt Libram, & octo unciae marcam. Gl. & ja. Fabr. in. §. nos autem. verb. solidos. instit. de attil. tutor.  MARCHETA, 
King Evenus did wickedly ordain, that the Lord or master of the ground, or Land, suld have the first night of ilk married woman within the samin. The quhilk ordinance, was after abrogate be King Malcolme the Third; quha ordained, that the Bridegroom sulde have the use of his awin wife. And therefore suld pay ane piece of money, called Marca. Hector Boetius. lib. 3. c. 12. For the quhilk, certain Kine, was used to be paid. Lib. 4. cap. Sciendum. 63. Bot utherwaies in my opinion, Mark, or March, signifieth ane horse: In the old French, Irish, and Dutch tongues. For in the French tongue, Marcher, is to ride, or gang; as Marcher devant, to ride or gang before. And Paulus diaconus. Histor. Longobard. writtis' that Mar is called in Latin, 
Mar.  Equa, quhilk we call ane Meare. Alciatus de singulari certamine. c. 32. Marcam (inquit) Germani equam dicunt. unde Marcomanni (qui hodie dicuntur Moravi) equitatu pollentes populi. Et Maroboduus Rex Mar comannorum, cui corpus instar equi erat. Mairover, I find ane old constitution, written be Lotharius Imperator, & Carolus Rex, in this manner: Vt missi nostri, in illorum missatijs (h. e. commissarij nostri in iis locis ad quos mittuntur) curam habeant, ne homines nostri, aut alij quilibet, vicinos suos majores, vel minores, tempore aestatis, quando ad herbam suos caballos mittunt: vel tempore Hyemis, quando Marescalli illos ad fodrum dirigunt depraedentur aut opprimant. Be the quhilk it is manifest, that fodrum, is a dutch word, pro paubulo equorum, quhilk we call fodder, & marchalcus or mariscallus, 
Fodrum. Marschallus. March. Schalk. Trimarchisia. Hors-marsceall. Down.  is a master of stable, or a servand that hes cure of the horse for March signifies ane horse, and Schalk in Dutch, is ane servand, as Godschalk, the servand of God. And Alciatus. d. c. 32. Affirmis that the troops of horsemen, in the army of Brennus, was called Trimarchisia, because ilk man had three horse. And in the samin signification, we use the word, Hors-marschel: Quhair horse is adjoined, for interpretation of the word March. As likewaies in Silverdown hill: This word hill, is the interpretation of the uther word Down, quhairof the ane, and the uther signifies anething. In Latin, Mons. Swa horse-marschel, is ane servand that keipis or curis horse, as is commonly used within this Realm; Quhilk opinion sundry German writters confirms, and specially the Scholiastes of Guntherus. lib. 8 Austriados. Swa leavand to ilk man his awin opinion and judgement, free to himself: I think that Marcheta mulieris, is the rayed of the woman, or the first carnal copulation and conjunction with her; quhilk in respect of her virginity, is mayst esteemed be men. Quhilk interpretation is confirmed alswa be Cuiac. Lib. 1. de feudi.  MARITAGIUM Haeredis, 
The marriage of ane air mail or femaill, 
Maritagium legale.  quhilk is modified and liquidat be the Lords of the Session, to ane certain sum of money, after consideration of the rental, and valour of the lands pertaining to the air; quhilk is either legal, or conventionall. The marriage Legal, is that quhilk be disposition of the Law, perteinis to the superior, and Over-lord. For the marriage of ane air maill, or femail of lands halden be service of ward and relieve, being within less age, or being of perfect age, and not married the time of the decease of his father, or uther predecessor, to quhom he is air, perteinis to his immediate superior; be the commoun disposition of the law of this realm. 
The marriage perteinis to the King.  And give there be maa superioures, the marriage perteinis to the first, and eldest superior, to quhom the predecessors of the said air, maid first leageance and homage: Or of quhom they have the first infestment of their lands. Leg. Forest. c. si alicui. 75. Mairover, give an air haldis certain lands be service of ward of the King immediately: And certain uther lands be the like manner of halding immediately of ane uther superior, Spiritual or Temporal: The Marriage of the air, suld pertain to the King allanerlie, without any respect of the quantity of the lands, or of the priority, or posteriority of the hading: Because the King hes not ane peer or companion, far les ane superior within his realm. Lib. 2. c. Restituere. 44. c. 45 Maritagium conventionale, is that quhilk cummis not be disposition of the law, 
Maritagium conventionale  bot be the convention and consent of parties: As quhen any man haldis his lands in blench, or in fewferme: His awin, or his air's marriage, naways thereby perteinis to his superior: Bot ȝit give he payis any duty for his lands nomine albae firmae, or nomine feudi-firmae, una cum maritagio haeredis cum contigerit: Give he happenis to decease, the marriage of his air, notched being married, perteinis to his superior, not be the nature of the halding of his lands, bot be the convention and provision contained in his infestment. 
Single and double avail of marriage.  The avail of ane airs marriage, is either single or double. For give the superior requires not ane air, to marry, and the air marry with out his consent: The superior suld obtain allanerlie for his marriage, be the estimation of the ordinar judge, sameikle as may be ane competent sum, or tocher to the said air, conform to his ȝeirlie rent: Or give the air refusis to marry, he cannot be compelled to do the samin; Quia matrimonia debent esse libera. Bot quhen he cummis to perfect age, he shall give to his superior, all's meikle as he micht have fra any uther person for the samin marriage, before he receive his lands out of the hands of his superior quia maritagium eius qui infra aetatem est, de mero jure pertinet ad dominum feudi. leg Forest. c. Siquis. 66. The double avail of the marriage of ane air, perteinis to the superior, quha makis ane lauchfull offer of ane party, to the air in marriage: Providing that the party offered, be of equal parage. For give the superior dois marry the air, with any person in disparage, as with ane burgess man, or with ane villain. Give the air, be of the age of fourteen ȝeires, or mair, and givis his consent to the said marriage; the samin is good and valiable of the law. Bot give the air be within the age of fourteen ȝeires, quhairthrow he may notched give ane lauchfull consent to his marriage. In that case, give his kinsman compleinis, the Over-lord sall tine and omit the ward; and all commodity that he may have thereby, until the air be of lauchfull age of twenty ane ȝeires; Quhilk salbe converted and employed, be the sight of his friends, to his use and commodity. be reason of the schame and dishonour done to him. Leg. Forest. c. Si qui domini 65 Quhilk is conform to the Laws of England. Hen. 3. stat. Merton. c. 6. c. 7. Swa give the Marriage of any air, or heretrix, be fallen in the superiors hands; and the air beand lawfully required be the superior, or his donatar, or be any clad with their riched, to marry any agreeable party without disparage offered to him, refusis to do the same, and maries any uther person, without the licence and consent of the superior, or his donatar; He aucht, and suld be reason of his contempt and dissobedience, pay not only the single avail of his marriage; bot also the double thereof: That is, all's meikle again, as the single, be the modification of the judge, after the ȝeirlie rental, avail, and quantity of the lands and living, pertaining to the air. And mairover, in this case, be the old law of this Realm, it is leasum to the superior, to hauled and retain the lands, albeit the air be of twenty ane ȝeires of age, until he be compleitlie satisfied of the said double avail. Leg. Forest. c. de haeredibus. 64. And it is to wit that the said requisition, suld be maid in this manner. The superior, his donatar, 
The form how ane air suld be required to marry.  or the assignay maid and constitute be the Donatar, or any uther person, havand riched thereto; aucht, and suld be himself, or be his lawful procurator, havand special power in writ, to that effect; offer to the air, personally apprehended, then being of lauchfull age for marriage, ane agreeable party, expreemand the said personis name, and surname, without disparage to him: Sick-like beand of lauchfull age, and convenient for marriage, and require the said air to solemnizat, & complete the band of matrimony, in face of holy Kirk, with the person that is offerred; And for compleiting thereof, assign and affix ane lauchfull day; To wit, the space of threttie days at the least to him to complete the samin; within any Kirk, appointed be the maker of the offer, to that effect. And in the mean time of the said requisition, or before, or after the samin, the donatar, or any uther assignay, havand riched and title of him, or of the superior (for the superior himself, neediss notched to make any intimation of his riched & title, he beand notourlie knawin to be superior) suld make be himself, or be his procurator, intimation of the riched, and disposition maid to him; and schaw the same, and make the samin patent, in presence of the said air; and cause the samin to be read before him, or give or offer him ane copy thereof: To the effect, that he thereafter may not pretend nor allege ignorance there-anent. And thereafter the said person, viꝪ. The superior, or any uther clad with his riched, be quhom, or in quhais name the said requisition and intimation was maid; aucht and suld personally, or be his procurator, compeir at the day, and church apppointed of before: Bringand with him the said party offered, in proper person, ready and willing to marry, quha was offered in marriage; And there in lauchfull time, before twelve hours of the day, offer him ready to accomplish and fulfil that quhilk he offered, and required to be done of before. And to that effect, there remain quhill the Sermone, or divine service be done, or quhill ane hour after noon. And give the air compeiriss notched, or compeiriss and refusis to marry; he suld take instruments thereupon, in the hands of ane sufficient Notar, of the refuse maid be the air, or of his none-compearance; and the offer of the agreeable party; togidder with the intimation foresaid; quhilk cannot be proven be witness, bot be writ. Pen. Feb. 1567. The Laird of Drumlangrig, contrair Marion Carrutheris. 21. junij. 1575. The Laird of Glenberuie, contrair the Laird of Vdny.  MARITAGIUM Tocher good. 
Lib. 2. c. does autem 19 in fine. c. potest: 21. cum seqq. Vid. Does.  MARUS, 
ane officiar, or executor of summons. I. 1. p. 9 c. 111. p. 13. c. 140 Vide Recordum. He is utherwaies called, 
Praeco Regis.  Praeco regis. Lib. 1. cap. cum autem. 8. Quhair it is said, Quod die dominico vox praeconis cessare debet becauss na summons suld be execute upon ane Sunday. The Kings More is of ane greater power and authority, nor the messengers or officiares of arms, and specially in justice airs, and punishing of espassoures. Bot now the said office is given in fee and heritage to Maires of fee, quha knawis notched their office: Bot are idle people, and only dois diligence in taking up of their fees, from them, to quhome they do na good, nor service to the King.  MATERTERA, 

properly is the Mother sister, Quasi Mater altera. Bot sumtimes improperly it is taken for the Father sister, in Latin Amita. For Lib. 2. c. Deficientibus 34. Post Auunculum. h. e. patruum eiusque liberos, Matertera eiusque liberi habent jus successionis. And be the Law of this Realm, the bairnes descendand of the mother sister, he's nam riched of succession: Quhilk in the awin place and degree, is competent to the bairnes borne of the Father sister; quhilk is manifest. De judicib. c. haeredum. 113. c. Item Nota. 115. Vbi express, Matertera dicitur esse Amita. vid. Auunculus.   MELLETUM, Medletum. 
lib. 1. c. 2. Ane French word, Melle, dissension, strife, debate, as we say, that ane hes melled or tuilȝied with ane uther. And in the acts of Parliament, and practicque of this realm, Chaudmella is ane fault or trespass, quhilk is committed be ane hot suddenty, and notched of set purpose, or praecogitata malitia. jam. 1.11 Mar. c. 51. And in Libro M. Willielmi Skene fratris mei, Commissarii Sancti Andreae. Fol. 121. It is written, that Flycht-wt is liberty to hauled courts, and take up the unlawe pro melletis. Because Flycht, is called flyting; In French, melle, quhilk some times is conjoined with hand-straikes. And in sum buikes Placitum de melletis, is called the Mute, or play of beating or striking. Lib. 1. c. 2.  MENETUM, 
Leg. Forest. c. 2. Ane stock horn. In the quhilk place, it is wrangeouslie written Cornare minutim, pro Cornare menetum, to blaw ane stock horn, quhilk commounlie is made of Timmer, wood, or tree, with circles and girds of the same, quhilk is ȝet used in the Hielandes and Isles of this realm: quhairof I have seen the like in the Country of Helvetia, in the ȝeir of God, ane thousand, five hundreth, sextie aucht, amangst the Zuitzers  MEREMIUM, muremium, 
The timmer of ane house. Lib. 4. c. Si quis 55. In the English Laws, Carla de Foresta. It is called maremium. And ane charter given be Jacobus Senescallus Scotiae (king james the first, before his Father's decease) To Thomas Browster, of the lands of Sacerland, beside Paslay; now pertaining heritably to Matthew Steward of Barscube, conteinis potestatem incidendi merentium; That is, licence and power to cut sa meikle green wood in the King's Forest of Raise, as suld be necessary to the said Thomas, to big houses to his awne use.  MESE Of Herring, 
conteinis five hundreth, for the commoun use of numeration, and telling of Herring, be reason of their great multitude, is used be thousand; And therefore ane Mese, comprehendis five hundreth, quhilk is the half of ane thousand. From the Greek word Meson, In Latin medium.  MESSUAGIUM, 
Lib. 2. c. Does autem 19 c. Si quis plures 30. cum seqq. Ane principal dwelling place, or house within ane Barronnie, quhilk in the laws of England, 
Manor.  is called Manor, ane hall, place, or court, ludge, or Manor house. Albeit Valentine Leigh, in his buik of surveying of lands affirmis messuagium to be the tenement or lands arable, And the dwelling house or place, or Court hall thereof, to be called Sat, from the Latin Situs: quhilk we call the seat, or onset. And it is not leasum to give the principal message, to the wife within burgh, in life rend. Leg. Burg. c. Nullus. 107.  MILITES, 
Leg. Malc. Mak. c. 2. And generally in the old laws of this realm, are called freehalders, haldand their lands of barons in chief; quha hes na power to hauled courts of life and limb: bot only of injuries, wrang, 
Servitium militare.  and unlaw. Bot militare servitium. Knichtes' service, is that manner of halding of lands, quhilk is called, service of ward and relieve. Et miles opponitur Soccomanno, and he quha haldis his lands, Per militate servitium, lib. 2. c. Si quis 30.  MISERICORDIA 
, Ane merciment, amerciament or unlaw. Leg. Forest. c. 5. de judic. c. 40. Misericordia domini regis, or the King's merciment in purpresture. Lib. 2. cap. dicitur. 75. vid. Forisfactum. vide Amerciamentum.  MOAT, 
Mute, play, action, quarrel. Quhen King Malcolme the Second, gave all his lands to the Barrones of this realm; he retained to himself montem placiti de Scona, The mute hill of Scone: quhair he micht hauled his courts, and do justice to his subjects, in deciding their pleyes, and controversies. Leg. Mal. Make in prin. Mute in the Laws of this realm is called placitum. And like as in the civil law, actiones are divided in civil and criminal: Swa platitorum, aliud est civil, aliud criminale. Pleyes are civil or criminal: Civil are called actiones of injuries, wrang, and unlaw. Leg. Malc. Mak. c. 2. And concernis pecunial pains, or lands and heritage. Criminal pleyes, touchis life or limb, or capital pains, called poena sanguinis. Lib. 1. c. 2. c. 3.  MORT-GAGE 
, mortuum vadium, dicitur pignus, cujus fructus, vel reditus percepti, in nullo se acquietant. It is ane French word, signifies ane deed wed, sick as ane certain sum of silver, given upon lands in wed-set, and under reversion; quhilk is called ane deed wed; Because be the old law of this realm, the profit thereof: that is, the annual of the silver, is reckoned as ane part of the stock and principal sum. And therefore the said stock is dead, without any profit, as ane barren and dead tree, quhilk producis na fruit. Lib. 3. c. 4. c. 6. Contrair the commoun form of alienation of lands under reversion, daily used within this realm, called pactum de retro vendendo, quhair be the annual, is ȝeirlie paid, until the redemption of the lands. At the quhilk time, the principal sum suld be likewaies compleitlie paid. And swa baith the annual, and the stock being paid, the profits are notched reckoned in the stock, bot ilk ane of them are severally reckoned, and severally paid, sameikle for the profit, and sameikle for the principal sum Vide Vadium.  MULIERATUS Filius, 
is ane lauchfull son, gotten with ane lauchfull wife. Lib. 2. c. Si autem 22. Ex legitima muliere seu uxore, quia mulieris appellatione uxor continetur. L. Mulieris. 13. & ibi Gl. de verb. signif  MURTHURUM, 
Lib. 1. c. 2. lib. 4. c. 7. Quhairof sum is called, private, that is mannis slauchter, quhairof the author is unknawin: Quhairof the inquisition perteinis to the crowner; As quhen ane person is found slain, or drowned, in any place or water. Uther is public committed be forethocht-fellonie, Quia non debet murthrum adjudicari ubi infortunitum intervenit: sed locum habeat murthrum, in interfectis per feloniam: And swa murder is committed be fore-thocht-felonie, and not be suddenty, Chaudmella, or infortunium: That is, be chance or fortune. Leg. Malc. Mak. cap. 2. And in the laws of England. Anno 13. Edward. 2. cap. 1. Murder is quhen any man be ane propensed malice, lyis in wait to slay ane uther man. And according to his malicious intent, slayis him. Molinaeus in still. Cur. Parl. part. 1. cap. 13. Conform to the law of Normandy Lib. 12. cap. 1. Affirmis, that murder is different from simple slaughter. Because murder is committed wittingly, and willingly, be ane quha of set purpose lyiss quietly in await for that effect. And slaughter is committed without any fore-thoucht-fellonie, upon ane hasty suddenty, quhilk in Latin is Rixa; And in French, 
Rixa.  Chaudmella, In the quhilk place he writtis', that three crimes perteinis to the high justice; wilful fire, ravishing of weemen, & murder. 
Pleyes of the crown.  Bot be the law of this Realm, four crimes are called the four points of the Crown; wilfull-fire, ravishing of weemen, murder, and robbery or riefe: Because the jurisdiction, or cognition thereof, perteinis allanerlie to the King, and to na subject Spiritual, nor Temporal, except the samin be specially granted to him be the King. Lib. 1. c. 2. leg. Malc. Mak. c. 4. lib. 4. cap. Die lunae. 13. ass. rest. Da. c. 1.    

N  
NAMARE, 
Namos capere, to take ane poinded, or ane distress. It is ane old Saxon word: For Naman, in Latin Pignorari sive pignus auferre. And Namatio, signifies the taking of ane poinded. 
Nami.  Leg. Britonum. verb. Pignorari. In the law of Normandy, Nami commounlie signifies any gudes or gear movable, or un-moveable, taken for execution of ane decreet. Pignora capta, & bona capta pignori. ut in L. a Divo Pio. 15. ff. de re judicat. Be the laws of this realm, nam poynd suld be taken, bot for ane confessed or proven debt. And the samin suld be publicklie schawin, and maid manifest to all passengers be the way, and to all parties following the samin. Lib. 4. cap. Si quis namos 30. cum seqq. nam man may poind within ane uther mannis bounds or jurisdiction, bot for debt auchtand to him, except the kings bailie be present. The poinded or distress, suld be conform to the quantity and valour of the debt. nam person may be poinded, bot the debtor, or his sovertie or pledge. The poinded suld remain within the samin Barronnie, quhair it is taken, in ane place pertaining to him, quha takis the samin, or at the least, in the nixt adjacent barronnie, within the samin Schireffdome, and not in Fortalices or Castles. Stat. 2. Rob. Br. cap. Item ordinatum 8. Curia de namo vetito; that is, of deforcement, be the old Law, perteinis to the king allanerlie. De Maritag. cap. Sciendum 17.  NATIVE, 
Born slaves or servandes, vide Pondagium.  NONE-ENTRES, 
Is quhen ane vassal, vest and saifed in the fee and property of the lands deceasis, leavand behind him ane air, quha beand of lauchfull age, may enter to the lands, be taking of saising thereof, and ȝit enters notched. In the quhilk case, the lands are in the hands and power of the immediate superior, be reason of none-entresse, 
Twa kinds of none-entresse.  Propter negligentiam haeredis, jus suum non prosequentis. Stat. Rob. 3. Cap. Nota. 21. Mairover, there is twa kinds of None-entres: The ane simple, notched follow and after ane ward, in the quhilk, the superior of the Lands, until they be declared be decreete of ane ordinar judge, to be in None-entresse, suld have allanerlie the retoured mail thereof, conform to the new extent. And after the declaratour, the superior may remove the tennentes, or occupy the lands, as he pleasis, enduring the time of the None-entresse. The uther kind of None-entresse, is that quhilk followiss after ane wairde: As quhen lands are halden be service of ward and relieve; and the air is Minor, and may notched enter: The samin lands perteinis to the superior, be reason of ward, and notched of None-entresse. For quhair there is ward, there is na None-entresse, be reason the ward, sa long as it endures, stops the none-entresse. Bot quhen the ward expyris, togidder with the twa terms of the relieve; The None-entresse begins, give the air beand of perfect age, enteris notched to the lands, and obteinis saising thereof. The quhilk None-entresse, requiris na declaratour, bot is of the like nature, with the ward preceidand. And enduring the time thereof, the ȝeirly mailles and duties of the lands, as they give be tack and assedation, perteinis to the superior; or he may remove the tennentes and possessors therefra, and occupy the samin as he please, like as he micht do, in the time of the ward. Mairover, this kind of None-entresse, beand given and disponed be the King, or uther superior, to the appearand air himself, or to any uther person, is sufficient and valiable to the donatar, for all ȝeires and terms preceiding the gift and disposition, and three terms after the perfect age of the air allanerlie. And endis and ceasis after the ischue & out-running of the said three terms. And give the air enters notched within the said space: It is leasum to the King, or uther superior, to dispone of new, the said none-entresse, to quhom he pleasis, to be used be him, unto the entry of the lauchfull air; as was discerned and ordained, be the Lords, and Auditoures of the Chequer, in the Month of Julij. 1596. And conform thereto decided be the Lords of the Session 9 Julij. 1597. The Laird of Capringtoun, contrair the Laird of Hessilhead, quhilk is not disconforme to the Laws of the fewes, quhair be the air of the vassal, not desirand investiture, or possession fra his superior, within ȝeir and day, after the decease of the vassal his predecessor, tines and forefaltis his few, and the samin perteinis to his superior. §. 1. Et ibi. Gl. quo temp. miles investitur, petere debent. lib. 1. de feud.  NOVA Dissasina, 
recent spuilȝie or ejection. vid. Dissasina.    

O  
OCHIERN, Ogetharint, 
is and name of dignity, and of ane freehalder. Stat. Alex. c. recordatio. 26. and appeiriss to be of equal honour, and pre-eminence with the son or daughter of ane Thane, quha baith hes the like Marcheta, viꝪ. twa Kids, or twelve pennies. lib. 4. c. sciendum 63. And likewise the Cro of ane Oye of ane Thane, & of an Ochiern is four Kine. lib. 4. c. statuit. 64. And the unlawe quhilk the King may take fra ane Thane, is sex Kine, and from ane Ochiern, fifteen scheip, or sex schillings. Ass. reg. Da. c. recordatio. 17.  ORA, 
ane old Saxon word and signifies mettle, sick as brass or golds. And mairover, in old times it was ane piece of cunȝied silver or gold. 
Vre.  For tres orae aureae, are the price of ane Cow. lib. 4. c. sciendum 63. From this comes the word ȝit commonly used, Vre, as leid Ure: and in the Garviach within the Schireffdome of Aberdene, there is ane hill called Dounyndure,, monticullus metalli: and the scheep there pastured, hes their teeth coloured with ȝellowe colour, quhilk is ane taken of abundance of mettle.  ORIGELLUM, 
quasi aurigellum, ane Habergion, maid of mailȝies quhairof the edges are of mailȝies of ȝellow colour, resembland the colour of gold or brass. Stat. 2. Rob. Br. c. ordinatum 27. quhair it is called Habergellum. vid. Hawbert.  OUTFANGTHIEF, 
vid. Infang-thief.    

P  
PANNAGIUM Porcorum, 
ane French word, signifies the duty quhilk is given to the King, for the pastorage of Swine in his Forests, Leg. forest. c. 5. 6. 8. As it is maniefest in the laws of England, in the charter of Forests, quhair Pannage, is called ane certain sum of silver, quhilk the awner of ane Park, or of some great wood, quhairin there is great store and abundance of Maste, Aik, Betche, or uther trees, usis to take of his tenants or uthers, for their swine, that shall feed there, betwixt Michaelmes and Martine-mes. Item Pannagium, signifies ane pairt of the King's demaine, or property, given to his second, or uther ȝounger son, or cousin, quhairof Chopinus writes, de domanio regis Franciae But hereof no mention is maid in the laws of this Realm.  PARTICATA, vel perticata terrae. 

From the French word perch, meikle used in the English laws, ane ruid of land. leg. burg. c. 1. c. particata. 140. stat. Wilh. c. particata. 13. quon. attach. c. de brevibus 31. It is of verity, that three bear corns without tails, set togidder in length, makis ane inch Of the quhilk corns, 
Inch. Foot. Eln. Fall.  an sulde be taken off the mid rig, an off the side of the rig, and an off the furrow. Twelve inches makis ane foot of measure: Three foot and ane inch, makis ane Elne: Sex elnes long, makis ane Fall: quhilk is the common lineal measure and met. And sex elnes long, and sex elnes broad, makes an squair & superficial fall, of measured land. 
Rod. Raip. Fall lineal and superficial.  And it is to be understand, that ane rod, ane raip, ane lineal fall of measure, are all ane, and signifies ane thing, for ilk ane of them conteinis sex elnes in length, albeit ane rod is ane staff, or gade of tymmer, wherewith land is measured, in latin pertica. Ane raip is maid of tow, sick as hempt, or uther stuff, and sa meikle land, as in measuring falls under the rod, or raip, in length is called ane fall of measure, or ane lineal fall, because it is the measure of the line, and length allanerly. Likeas the superficial fall is the measure, baith of the length, & the breadth quia linea est mensura solius longitudinis, superficies verò est mensura longitudinis, 
Ruid. Aiker.  & latitudinis. Item, ten salles in length, and four in breadth, makis ane ruid: four ruid makis ane aiker. And swa ane discreet and true man, may measure ilk aiker of land, long or schort, with rod or raip, be the measure of the fall. Swa that he keep just count, and good remembrance, 
Landimers. Agrimensores.  that the ends of the rod, or raip, be richtly and even laid, without fraud or guile. But it is necessare, that the measurers of land, called landimers, in latin, agrimensores, observe and keep, ane just relation, betwixt the length & the breadth of the measures, quhilk they use in measuring of lands, quhairanent I find na mention in the laws & register of this realm, albeit ane ordinance thereanent be maid be King Edward the first, King of England, the 33. ȝeir of his reign: and because the knowledge of this matter is very necessare, in measuring of lands, daily used in this realm. I thought good to propone certain questions, to john Naper, fear of Merchifloun, ane gentleman of singular judgement and learning, specially in Mathematic sciences, The tenor quhairof, and his answers maid thereto followiss. 
Length and breid of ane fall.   
First, be quhat rule shall we understand the length and breadth of the fall? It is answered: There is twa sorts of falls, the ane lineal, the uther superficial: the lineal fall, is ane met-wand, rod, or raip, of sex elnes long, quhairbe, length and breadth, are severally met. Ane superficial fall of land, is sa meikle bounds of lands, as squairly conteinis ane lineal fall of breadth, and ane lineal fall of length, quhairof followiss, that be the lineal fall, land is measured, and be the superficial fall, land is rekned. Now quhair itis inquired be quhat rule the length and breadth of ane fall shall be understand. I answer: That quhen-soever the elnes of breadth being multiplied be the elnes of length, do produce 36. elnes: the number product, is ane superficial fall: and the said breadth and length, are the just breadth and length that makis ane fall. Swa 36. elnes long, of ane elne broad, are ane fall of land. Item, auchteene elns long, twa elnes broad, are the like: alswa, twelve elnes long, of three elnes broad. Or nine elnes long of four elnes broad, are ane fall. Lastly, sex elnes always, that is to say, sex elnes long, and sex elnes broad, makis ane fall. To this shall the little ruid, or ruid of work, or of buirdes, or of maison, or sklait work, is equal, quhilk is mayst properly the ruid, as after followiss.  

Twa kinds of ruid.  Secondly, how money kinds of ruids are in use? Answer. Twa, quhairof the ane is proper, the uther improper. The ruid properly is ane superficial fall, and conteinis threttie sex squair elnes: Ane squair elne being the bounds of ane elne in breadth, and ane elne in length, squarely inclused. The uther vulgar and improper ruid of land, conteinis forty of their former ruides, or superficial fallis, and is the quarter of ane aiker of land, because four of their ruides makis ane aiker as said is.  
Thirdly, be quhat rule may the just measure of ane aiker in length and breadth be understand? It is answered, Multiply be Arthmeticall multiplication, the number of the falls that are in the length of the land, 
Length and breadth of ane aiker.  be the number of fallis that are in the breadth thereof: Every aucht-score fallis of the number produced, and resulting of the said multiplication, is ane aiker: and therefore aucht-score fallis of length, and ane fall of breadth, makis ane aiker: and fourscore fallis of length, and twa fallis of breadth, makis ane aiker. Item forty fallis of length, and four fallis in breadth makis ane aiker. Alswa twenty fallis in length, and aucht fallis in breadth, makis ane aiker. Lastly, ten fallis in breadth, and sextene fallis in length makis ane aiker.  
Fourthly, seeing there is ane kind, of measuring of land be Rod, and raip: quhat is the form thereof? And give there be any maa forms, how are they called? and quhat is the form and manner of the samin? 
The manner of measuring of lands, be rod or raip.  It is answered. There be knawin to expert Mathematiciens, money and divers ways to met land, all agreand togidder in ane, bot of the vulgar people there is bot ane form of metting used and understand, to wit, be rod and raip, that is to say, be ane rod or gade of sex elnes long: Or be ane string or cord, of sex elnes long, stented betwixt twa staves. The cord being ane schaft length abone the pikes, or nether ends of the staves. The said rod or raip, or either of them, is called ane fall: to wit, the lineal fall foresaid. With these fallis, ilke square piece of land, is met over the middis, quhat falls and elnes it hes of length and thereafter is met croceover the middis, quhat fallis and elnes it hes of breadth. Thereafter the fallis and elnes of the length on the ane pairt, and the fallis and elnes of the breadth, on the uther pairt, are multiplied togidder, and the producte schawis the number of the aikers, ruides, elnes, quhilk the said piece of land conteinis. As for example, give the piece of land be 51. fall, three elnis of length, and 10. fallis 2. elnis of breadth: multiply 51. fallis 3. elnis. or 51 1/2 fallis to be 10. fallis 2. elnis: Or be 10 1/3 fallis; The product will amount to 532 1/6 fallis: Or 532. fallis, 6. elnis: quhairof every aucht-score fallis, are ane aiker. Swa 532. fallis 6. elnis, are three aikers and ane quarter, 12. fallis, & 6. elnis of met land.   PATRIA, 
Assisa, vel recognitio per assisam, Ane Assize or inquest of country men, quhilk is called recognitio patriae, lib. 3. c. cum autem. 6. vid Bona patriae.  PEDELLUS, 
Leg. burg. c. citatio. 109. The serjand or beddle of the burgh, quha suld execute summons: make attachementes, or take poindes. quon. attach. c. nullus 57 quhairof they have na power, without their awin jurisdiction. Ass. reg. Da. c. nullus 13. Dicitur autem pedellus a pedo hoc est haculo, because all sick serjandes suld use ane wand, staff, halberd. ja. 1. p. 6. c. 99  PEDE. pulverosus, 
ane French word. pied puldreux, dustie-fute, or an vagabond, specially ane merchand, or cremar, 
Pedder.  quha hes na certain dwelling place, quhair the dust may be dicht fra his feet, or schone, de Maritag. c. si quis. 9, leg. burg. c si burgensis. 141, the judic. c. 47. To quhom Justice suld be summarily ministered, within three flowings, and ebbings of the sea. Ane pedder, is called ane merchand, or cremar, quha beirs ane pack, or cream upon his back, quha are called beirares of the puddill be the Scottes-men in the realm of Polonia, quhairof I saw ane great multitude in the town of Cracovia. anno Dom. 1569.  PENSION, 
ane duty, sick as ane annuel-rent, for that quhilk in the act of Parliament. ja. 2. p. 11. c. 41. Is called the pension of Cadȝow: In the Chequer rolls is called the annuel-rent of Cadȝow. 
Pension of Cadȝow. Pension of Kirk patrick.  And siklik in the samin place mention is mad of the pension of the ferme meil of Kirk patrick, quhilk conteinis five chald of air-meill, quhilk the Abbot, and convent of Pajslay payis ȝeirlie forth of the church of Kirk-patrik to the K. as an pairt of his annexed property, as is manifest in the Schireffe rolls of the Chequer of K. ja. 3. 1487. In libris seudorum, Soldata is an ȝeirly fry gift & donation, enduring the life-time of the giver, & is swa called, a solido, 
Soldata.  quia plaerumque in solidorum donatione consistit. §. 1. quis dicatur marchio. lib. 1. de feud.  PLACITUM, 
From the French word, Plaider, play, contention, strife, or debate. Placitare, significat litigare & causas agere. 
Pleyes of the Crown.  Molinaeus in still. suprem. cur. par. Part. 1. c. 6. part. 2. c. 3. Et D. Smith. lib. 2. c. 10. Of the commoun well of England. Vid, Mote. Placita coronae, pleyes, or criminal actiones pertaining to the King's Crown and jurisdiction allanerlie, or to his justice general, quhilkis are four in number, robbery, or riefe: ravishing or deforcing of weemen: murder, and wilful fire, sick as burning of houses wilfully, and maliciously, vid. Murthrum. Quhairof, or of any ane of them, give any happenis to be convict, all his gudes perteinis to the King allanerly, in the samin manner, as is statute of the gudes of traitoures. Leg. Malipiero, Mak. cap. 3.  PLEGIUS, 

ane pledge, borgh, or cautioner, dimittere terras ad plegium, To let lands to borgh, is quhen any controversy, being for the possession of lands; the samin after inquisition, and trial taken there anent given and committed to the last lauchfull possessor of the samin lands, under borgh and caution, that he shall restore the samin to him, quha shall be found to have riched thereto. ja. 2. p. 14 c. 26. Or quhen twa people contendis be way of deed and 〈◊〉, for the possession of any lands. The superior thereof may recognosce, or take to himself, the possession of the lands, until it be tried, quha was last lauchfull possessor thereof; And then let the lands to him to borgh, and under caution, as said is. Stat. Rob. 3. c. Nota. 21, Item, the 12. No. 1500. Certain corns grow and upon debatable lands, betwixt the L. Ruthven, and the Laird of Copemalindie, be decreit of the lords, are let in to borgh to the said laird, he findand caution that the samin salbe forth cummand to them, quha recoveris the samin be law, without prejudice of the riched of onie of the parties theiranent in time coming. And likeas the over-lord, or judge for the causes foresaid, 
jetere terras ad plegium.  lettuce lands to borgh, to the possessor thereof, the tennent or possessor, petit terras demitti ad plegium, desires the lands to be let to him to borgh, or under caution. Stat. Rob. 3. c. 4.   PORTEOUS, portuis. 
ja. 1. p. 13. c. 139. ja. 3. p. 14. c. 99 ja. 5. p. 3. c. 5. a portando, quhilk signifies to carry, or beire: in French ports vous, and signifies ane catalogue, contenand the names of the people indicted to the justice air, quhilk is given and delivered be the justice Clerk, to the Crowner, to be attached, and arreisted be him, to compeire, and answer, to sick accusationes and crimes, as salbe impute unto them, and the porteous contains the names of them quha are of new indicted, and the names of them quha were indicted of old and of before, and compeired not: And quhen onie justice air is cried, or proclaimed, command is given be the justice to warn all people, alsweil indicted of old, as of new, to compeire in the said air, to underlie the law. The Crowner receivis the porteous as said is, and caries the samin with him, until the attachements and arreistments be maid, conform thereto, and reports the samin again to the Justice court: That theirby he may be controlled in execution of his office, sa far as concerns the making of attachements and arreistments or probation thireof.  POST-NATUS filius, 
ane second son, narrest to the first begotten, conform to the French word, lepuis aisné lib. 2. c. si ergo. 23. c. praeterea. 25. c. maritus 32. l'aisné, is the first borne son, and therefore le puis aisné is post primogenitum, the second son.  PRISAE, 
ane French word prinses, in latin captiones, sick as ane poinded, distress, or movable gudes, taken for execution of ane decreit: for be the laws of France, prisae sunt rerum mobilium: sasina verò immobilium, quia bona immobilia non capiuntur, sed saisiuntur. Rebuffus' in constitut. Reg. in tract. de litter. obli. art. 5. gl. 2. & de praeconum licitationibus. are. 1. gl. 2. Quhairanent I find ane ordinance maid de modo capiendi prisas, be King David 2. 18. Februar 1369. the 40. ȝeire of his reign. Prisae seu captiones domini regis, persolventur & capientur, secundum consuetudines antiquitus approbatas, & de terris illis de quibus prisae regis, & servitia debent sumi, & quoth in iis faciendis non fiet taxatio juxta numerum davatarum, sed secendùm verum valorem bonorum.  PROPORCITAS, 
proportatio assisae, the proport, report, declaration, or deliverance of ane assize. Stat. Alexand. c. statuit dominus, 5. quon. attach. c. si quis appellet. 53. assisa. reg. D. c. 9 c. statuit 30. c. statuit dominus 38. 
Veredictum.  Utherwise, it is called, veredictum assisae, the verdict or suithsaying of ane assize. Because the assisours are sworn to declare the truth and verity, 
Juratores. Jurata. Jury.  and therefore are called Juratores. Like as the assize is called Jurata, or Jurata patriae, sive vicineti, lib. 2. c. dicitur. 74. And in the English laws, ane Jury.  PURPRESTURE, Purprision, 
ane French word, for ane wrangeous usurpation, taking, or occupation of ane uther man's lands, quhairof there is three kinds, 
Three kinds of purprision.  Lib. 2, c. dicitur. 74. the judicib. c. purprestura, c. 138. The first is, quhen any man occupies unjustly any pairt of the kings domain, and proper lands. Or quhen any stoppis, or closis up the kings common way, passage or street: Or returnis or divertis rinnand waters fra their riched course: Or within the King's town and burgh, occupies the King's calsay, or commoun gaite, biggand upon onie pairt thereof: Or removeand onie thing therefra: Or converting onie pairt thereof to his awin use. And generally, quhen onie wrangeous occupation is maid to the hurt and skaith of the King's tenement, the King's street, or common way: Or of the kings Burgh. The quhilk kind of Purpresture suld be decided before the King's justice and his deputes, be ane condign assize. And he quha is convict thereof, salbe in the king's mercy, and punished conform to his will in his body, and in all his lands quhilk he halds of him: and mairover shall restore that quhilk he injustly bigged and occupied. The second kind is, quhen onie vassal occupies, and usurps any lands against his over-lord, uther than the King. Quhilk controversy may be decided be the over lord in his awin court, and give the vassal is convict to have done wrong, he tynis perpetually all the lands quhilk he haldis of that superior. The quhilk jurisdiction and power of halding of courts of Purprision, perteinis to ane Baron, and to uthers, quha are abone him in power and dignity, sick as Earls and Lords. For na vassal, subject, nor uther tennent under ane Baron, hes power to hauled sick courts. ja. 3. p. 30. c. 79. The third kind of purprestura, is against any uther except the King and the superior: As betwixt nichtbor and nichtbor, subject and subject: quhen ane wrangeouslie occupies the land pertaining to ane uther, or troublis him in his meithis, and marches: quhilk molestation perteins to the Schireff, to be tried before him, be ane brieve, de nova dissasina, or de rationabilibus divisis. Be the law of England. an. 4. Edward. 1. de bigamis c. 4. give onie usurpis, and occupies within the King's liber●● or any uther place, contrair the King: Incontinent 〈◊〉 process or order of law, the King tuik the land in his awin hand, and thereafter it was leisum to any person, havand enters to compleine thereanent, The like son is permitted be the laws of this realm, anent the King's customs. Ja. 1. p. 1. c. 8. And his annexed property. Ja. 2. p. 11. c. 41.  PUTAGIUM, 
ane French word, huiredome or fornication, lib. 〈◊〉 in custodiis. 50. c. ult. 53. Quhair it is manifest, that ane 〈◊〉 femaill, being within ward, and of les age, and committand fornication, tynis and forefaults her pairt of the heritage, and the samin accrescis, and perteinis to the rest of the coheirs, or comportioners give onie be. And give their be an heretrix allanerly, quha commitis the said fault, all and hail her heritage, perteinis to the superior: But give an heretrix of lands, hes bairnes lawfully gotten in marriage: and after the decease of her husband, in the time of her viduitie, committis fornication: neither sche nor her bairnes, tynis the heritage. Quia putagium matris non adimit haereditatem; The huiredome committed be the mother, dois notched disherish the lauchfull bairnes.    

Q  
QUARENTENA viduarum, 
in the statutes Rob. 3. c. deviduis. 22. from the French la quaresme des vefues, signifies the privilege of forty days, granted to widows, after the decease of their husbands, conform to the Laws of England, anno. 20. Henr. 3. c. 1. Quhair it a statute anent widows, quha after the death of their husbands may notched have the dowry, without play: That quhasoever deforcis them of their said dowries, of the lands quhairin their husbands died vest and saised, and it shall happen the said widows to recover the samin theirafter be play or process: They quha troubled and molested them, being convict of sick wrangeous deforcement, shall ȝeild and pay the damnages and skaith, to the samin widows. That is to say, the valour of the hail dowry belanging to them, from the time of the death of their husbands, unto the day that the saides' widows, obteinis decreit in judgment. And the said deforceres nevertheless salbe amerciat, at the King's pleasure. In the quhilk place it is plain, that Quarentena viduarum, contains the space of forty days: during the quhilk space, ane widow may tarry and remain in the chief dwelling place of her husband, until her dowry be assigned to her, and in the mean time suld be sustained upon the proffites of the heritage. As it is likewaies written in magna carta, anno. 9 Henr. 3 c. 7. quhilk is conform to the laws of France, as writis joan. Papon in his arreistes. lib. 15, Tit. des dots. c. 7. & lib. 10. tit. substitutiones. c. 30. per authenticam praeterea, C. unde vir & uxor, and in the Burrow laws of this Realm, the second, or third wife of any Burges, after the decease of her husband, may notched remain in the house pertaining to his air gotten of ane uther wife, bot only forty days. leg. burg. c. si burgensis duas. 25.  QUHATECUS, 
ane kind or form of bread, quhilk we call ane fage, or phage, from the greek word phago, comedo to eat.    

R  
RACHETUM 
ane French word, Rachapt, ane ranson; in sum buikes it is called Rechatum, transpositis literis. Stat. 1. Rob. Br. c. 1. Stat. 2. Rob. Br. c. 7. quhair it is called thieft-bote: and in sum old buikes Rachatum is called thieft-bote or redemption taken for thievis, robbers, or uther malefactors.  RAPTUS, 
rape, ravishing or deforceing of weemen, quhilk is ane of the four points or pleyes pertaining to the King's Crown, & to nane uthers. vid. placitum. vid. murthrum. Ravishing is an crime, quhairof ane woman accusis ane man alledgand she is oppressed, or defiled be him, against the King's peace. lib. 4. c. raptus 9 The quhilk complaint sulde be maid the same day, and night, in the quhilk the crime is committed, quia lapsu diei hoc crimen praescribitur. Quo. attach. Cap. De caetero. 48. Statut. Wilh. c. Item. Statuit. 9 In the laws of England Westm. 11. c. 34. Rape is quhair ane man ravishis, or takis ane uther man's wife, widow, or maiden, violently, and hes a do with her against her will. And albeit she afterward consent, ȝit it is felony, quhilk is confirmed be Chess. in consuetud. Burgund Rubric. 1. verb. Es droicts d'icellis. Nu. 43.  REIF, 
or robbery, is likewaies ane of the four points of the Crown. lib. 4. c. die lunae. 13. leg. Malc. Mack. c. 4. ass. reg. Da. c. 1. Robbery is quhen an man lyis by the King's high way, passing to mercat Towns, in woods, ditches, or onie uther sedret place, quhair people cummis forth by, and robbiss, & spuilȝies them, albeit he take away bot the valour of ane penny, or less, it is felony: for the mala-pertnes of the deed, breaking of the King's peace, and the danger in the quhilk ane man is of his life, causis the offence to be the greater, then give the gear swa rob or spuilȝied had been thiefteouslie stolen, as it is written in the laws of England. an. 23. Hen. 8. c. 1. In the law of Normandy. li. 3. c. 1. Robbery is the taking of uther men's gear be force and violence: And the committers theirof in latin are called raptores, in French voleurs, or Robeures, 
Difference betwixt riefe and theft.  & is different from theft quhilk is committed quietly, and privily, without violence. Mairover reife is ane greater crime than theft, because reife is committed baith in the gudes, and in the person of the possessor theirof, and theft is of the gudes and gear allanerlie, Ches. in consuet. Burgund. rab. 1. §. 5. Be the law of this Realm, the complaint of reife or robbery suld be maid be him quha is rob, and damnified within the like time, as is foresaid, of the ravishing of weemen. quo. attach. c. de caetero. 48. lib. 4. c. raptus. 9  RECOGNITION of lands 

is commonly used in the law, and practicque of this realm. Sicut feudum dicitur aperiri domino: ita terrae dicuntur cadere in commissum: sicuti fit in hoc casu ob culpam vassalli, & in Emphyteusi. or few lands, ob non solutum canonem seu pensionem. lib. 3. c. ex locato. 11. For the vassal tynes lands halden be him be service of ward, be reason of his awin fault, as salbe hereafter exponed: and the proprietar of few-landes, may tyne and forfault the samin, for nonpayment of the ȝeirly duty. Cognoscere is to knaw and understand, recognoscere is to knaw again or at the 2. time to understand. For generally, all superiors of quhom lands are halden in chief, first hes been proprietars of the samin lands: quhilk lands being annalied, and sauld be them heritably; to be halden of themselves and their airs, ceasis to be property to them: and becomes tennendrie immediately halding of them and their airs. And give it happens the vassal, or possessor, to quhom the lands are sauld, to commit ane fault or crime, quhairby he tynis and forefaultis the lands: the superior hes entresse and regress to the property of the lands, and may recognosce the samin, and as it were the second time vindicate to himself the property thereof. Swa the samin lands, quhilk were first property to him, and thereafter tennendrie, be reason of the alienation, now becomes again property, and returnis to their first nature and condition, jure acerescendi, seu potius consolidatione proprietatis cum superioritate, ob culpam vassali. Recognition properly in the practicque of this realm, is quhen any vassal, or free tennent, haldand his lanies be service of ward and relieve, sellis and annalies all and hail his lands with their pertinents, or the mayst pairt thereof, without licnce, consent, or confirmation of his over-lorde. In the quhilk caise, all and hail his lands, alsweil notched annalied, as annalied, and halden as said is, may be recognosced and resaised in the superioures hands, and baith the property and possession theirof perteinis to to him to be bruiked, or disponed be him, at his pleasure; quhairof divers and sundry practicques are extant in the Register in the days o King james the fourth, of good memory. The superior understanding the lands to be wrangouslie annalied, as said is: incontinent theirafter may use the recognition theirof, & without process, or order of law, may take saising of the samin, conform to the old practik of this realm: Because the samin alienation is done to his dishonour and contempt be his vassal, quha suld do reverence, and service to him, & therefore without his consent suld notched do onie thing to dissolve the league and band, 
The causes of recognition.  quhilk is betwixt them. Mairover the vassal, may notched make the said alienation, because theirby, he may becum poor, and unable to do to his superior sick service, as he suld do of the law. Cuiac lib. 1. De feud. And notched withstanding that the saising is taken be the superior; ȝit the vassal or possessor tinis nor forfaultis na ways the property of the saides' lands, until ȝeire and day be outrun: Swa that he do diligence within forty days after the said recognition, and taking of the saising, to crave and ask fra his superior the saides' lands to him to borgh, that is to repledge them, findand pledge and caution, that he shall be ready to do to his superior anent the saides' lands, all that equity and law requiris. Stat. Rob. 3. c. 2. This kind of recognition is conform to the laws of the fewes, 
Libellarius contractus.  quia feudum amittitur. si fidelis libellario nomine, amplius medietate in feudum dederit, aut pro pignore plus medietate obligaverit. §. 1. quib. mod. feudum amittatur, &. §. 1. de alienatione feudi. Et in jure Canonico. c. 2. & ibi. gl. extr. de feud. Porro libellarius contractus dicitur, venditio, quae fit scriptura interveniente, certo pretio, & certa pensione constituta, in annos singulos, ut post Feudistas scribit Cuiac in d, §. 1. Recognition of lands is sum times generally taken money ways. Stat. Rob. 3. c. nota quod iste. 21. 
sundry forms of recognition.  First give the vassal deceasis the superior may recognosce, and retain all the lands halden of him until they be recovered fra him be the entresse of the righteous air, and that be reason of none-entres.  
2 After that the air hes recovered the lands, forth of the hands of his superior: Nevertheless the superior may recognosce, and retain the samin, until security be maid to him for payment of the relieve.  
3 Give the vassal is fugitive for slauchter, and notched law bidand, the superior may recognosce the land halden of himself, sa long as the fellow or manslayer happenis to live. Conform to the quhilk be the acts of Parliament, the liferent of the vassal, being ȝeir & day at the horn perteins to the immediate superior, except he be rebel for treason, in the quhilk case; his life-rent, & all his lands, gudes and gear movable, & immovable, perteinis to the King allanerlie, Quia poena debet eidem applicari adversus quem committitur culpa. 4. Give the vassal annalies his lands, or the mayst pairt thereof, without licence, consent, or confirmation of his Over-lord; The Overlord may recognosce the same, as said is. Bot in this case he is oblished to let the lands to borgh, to his vassal; askand, and cravand the samin within the lauchfull space of forty days, after the recognition; and saising taken until it be tried be the judge Ordinar, quhidder the cause of recognition be lauchfull or notched, quhilk being found lauchfull, the judge suld counsel the King, and decern any uther superior, to hauled his hands fra the lands, and let them to borgh to his vassal. And give the cause be found just and reasonable; The judge suld decern the property and possession of all and hail the lands, to pertain and remain with the superior. 5. Quhen twa or mair parties contendis be way of deed and arms, for the possession of lands, the superior thereof may recognosce and sequestrate the samin, until it be tried, quhilk of them is lauchfull possessor; and thereafter let the lands to borgh to him, quha is found to have best riched of the possession.  
6 The superior may recognosce and retain lands halden of him in chief, for service aucht to him, forth of the samin lands. Bot be the practicque of this realm: The service aucht to be proven and liquidat, and thereafter the lands may be lawfully comprised.  
7 Lands halden in fewferm, payand ane certain ȝeirlie duty, Nomine feudi fermae, may be recognosced be the superior, for none payment of the few duty, & that twa manner of ways. The first, ex provisione legis, & natura contractus. For the few sermorer not payand his fewferm, for his ingratitude and unthankfulnes, tinis and forefaltis his fewferm, be the disposition of the Law, quhilk as ȝit was not in practicque and use within this Realm.  
The seconde is, ex provisione hominis. et conditionibus contractui insertis, 
Clause irritant.  quhilk is called ane clause irritant, as quhen ane clause and provission is contained in the infeftment, that if twa or maa terms run in ane of non payment of the fewferm duty: then and in that case; the infeftment of fewferme to be irritum, null and of nane availl, quhilk, is conform to the daily practicque of this realm, Quia pacta conventa legem contrahentibus praescribunt. vid. l 1. et Tit. c. de jure emphyten. Always, be the act of Parliament maid be ja. 6. p. 15. C, 246. Alienations of lands maid in fewferm, are null for not payment of the fewe-dueties, be the space of twa ȝeires, albeit na paction or provision be maid thereanente in the infeftment.   RECORDUM, Recordatio 
lib. 1. c. contingit. 31. quhairanent I find difficulty. Always recorda summonitionis, signifies the rehearse, report, or testification of the execution of the summons, brieve, or uther precept. ja. 1. p. 9 c. 112. quhilk execution, 
Indorsation.  is now called Indorsation. Because commounly it is written in dorso, and upon the back of the summons, leg. Forest. c. 25. and be the practic and daily consuetude of this Realm ȝit observed, the execution of all brieves before inferior judges, and of all criminal summons before the three Estaites in Parliament, are verified in judgement, be the record of the executor theirof, and twa witness at the least. And in old times the serjandes, or maires, maid the record of the summons, be word, or be writ, as they pleased: and verified the samin as said is. And until the samin were done, the defender could notched be compelled to make ane answer. lib. 1. c. cum autem. 8. the iudic. c. 50. And King David the second. 18. Febr. 1369. and of his reign the forty ȝeire, statute and ordained annent the record of serjandes, or maires, that the summounds & record theirof, salbe put in wreit give it please the serjand or mair, and he shall read the samin give he can, in plain court Utherwaies, he may make the record be word: in the best form he may, and give he failȝies, he may be helped and supplied be interrogatours of the judge, concerning all and sundry clauses or articles, necessarily used in the record of ane summons, quhilk record the serjand or maire sall prieve sufficiently be lawful witness. And the said record being swa maid, the samin salbe received as lauchfull, and the contrair party sall notched be heard, to object against the same, or to propone any exception against the lauchfulnes theirof: And it shall be leisum to the sheriff, his depute, serjand, mair of fie, or onie uther depute serving in the office of ane serjand or mair, be the authority of the King, or of onie uther having power to make rehearsal of the summons of the record or indorsation theirof, swa that they be qualified, and abill to do the samin. ja. 1. p. 9 c. 112.  ITEM, recordum curiae, 
signifies the report, rehearsal, or minute of that quhilk is done in court or the interlocutour of the court. lib. 1. c. contingit. 31. Quo. attach. c. nullus sectator. 20. In the Normand law. li. 9 c. 31. vid. Sectator vid Varda. quhilk in old times was notched written in buiks, bot enrolled togidder in paper. 
Rollment of Court.  Like as the King's rolls are ȝit written in parchment in the Chequer. Therefore they are called the rolment of court. As the King's rolls or rotuli, and the Clerk of Registar clericus rotulorum, in latin properly volumina, quia involvuntur, & in se quasi retorquentur. And it is to wit that actiones and pleyes, are aither directly and from the beginning persewed in ane court: or they come fra an inferior court, to ane superior per translationem. lib. 3. c. praeterea. 16. as quhen ane play or cause, is advocate from ane inferior judge, to ane superior: quhilks advocations are permitted and leisum to be maid to the Kings court allanerlie, be the old law of this Realm, sick as the justice court, or schiref court: and now be the practik used, and observed, to Lords of Session, and College of justice. And swa because he quha alleged that wrang was done to him in the inferior court, raised the record, or interlocutor pronounced against him, and summound the judge to compeire before the King's Justice, or schiref, to hear and see him discerned to have done wrong. Therefore sola curia domini regis, dicitur habere recordum. h. e. Potestatem cognoscendi de recordis & interlocutorijs, quae transferuntur ab inferiore curia ad superiorem. Albeit ilk lauchfull court, sick as ane Barrone court, he's their awin records, in all sick actiones as are intended and decided before them, and notched Advocate to ane superior judge.  REGRATERIS. 
leg. burg. cregratarij. 70. Quha byis onie merchandise or uther thing, 
Dardanarii.  and takis unlesumlie greater price for the samin afterward, as is exponed be ja. 2. p. 6. c 23. 24, ja. 6. p. 12. c. 148. In the civil law, regrateris are called dardanarij qui emunt, ut possint postea pluris vendere. l. annonam. 6. the var. & extraord. crim. A quodam Dardano, qui annonam flagellabat. Alciat. lib. 4. de verborum significatione. 
Forestallers.  And swa regrateris are so called be reason of the augmentation and hichting of the prices. Forestallares are properly they quha pre-occupies and bees merchants before it cume to the mercat, or to the stall, or place quhair it suld be sauld, or the time of day statute and ordained theirto. ja. 5. p. 4. c. 20. And mairover it is statute that na man dwelland within burgh, or without the samin, shall upon the Fair day, buy onie thing outwith the ports of the burgh leg. burg. c. nullus. 75. And likewaies na person suld buy fish, flesh, victual, or onie uther thing before mercat day, or the ringing of the bell in the steipell. Stat. gilled. c. 29. And mairover forstallers are challenged, and accused because they sell their gudes, and payis notched the King's custom: that they sell their gudes privately upon their awin fluire, that they are fore-byars of quheat, bear, aits, cattle, & are coperis and sellers theirof, turnand the samin in merchandise. leg. burg. c. de modo calumniandi foristallatores. 154.  RELEVIUM 

ane French word, from the latin relevare, quhilk is to relieve, or to take up that quhilk is fallen, for it is given be the tennent or vassal being of perfect age, after the expiring of the ward to his over-lord, of quhome he haldes his lands be knicht service that is be ward and relieve, and be payment thereof he relievis, and as it were raisis up again his lands, after that they were fallen down in his superiors hands, be reason of waird. lib. 2. c. dicitur autem. 72. leg. Forest. c. si quis Comes 73. de judic. 65. And the proffites of the lands of the ȝeire foresaid, after the end of the waird, quhilk suld be given in name of relieve, are understand to be the retoured mail, of the saides' lands, conform to the new extent thereof. And therefore give there be bot only wairde, and the air enter before ane term run thereafter, the King or uther superior suld have na relieve, quia haerede ad aetatem perveniente, et facta ei haereditatis restitutione, quietus erit a relenia, ratione custodiae. lib. 2. c. tandem 70. Be the old law and consuetude of this Realm, the superior micht notched be compelled after the waird, to restore the lands to his vassal, until he had been first satisfied for the relieve: because he had liberty to retain the lands, until the said satisfaction were maid. Stat. Rob. 3. c. nota quod iste 21. Or else it was lesum to him as he pleased, to poinded the ground therefore quia dominus potest distringere tenentes suos pro suo relevio, & servitio de feudo suo, sibi debito, li. 2. c. Sunt quidam. 73. But now be the common practicque, the nonpayment of the relieve, is na lawful excusation to the superior, anent the receiving of his vassal. But he will be compelled be precepts of the chancellary, to receive his tennente, or else he tynis the superiority, enduring his life-time. And it is leasum to him to poind the ground for payment of the relieve. Quia relevium est debitum real, & adhaerei fundo. The beginning, and the first institution of the ward and relieve, was in the time of Malcolme the seconde, called Malcolme-Mac-Kenneth, quha gave all and hail the lands of this realm to the inhabitants thereof, and reserved nathing to himself in property; bot only his royal power and the Mute hill of Scone, quhair he suld hauled Court, and receive homage, and fealty of his vassals: In recompensation quhairof, all the Barronnes gave unto him, the ward, and relieve of the air of ilk barronne, for his princely sustentation. In the English Laws, read in Magna Carta. Anno. 9 Hen. 3. cap. 2. And the statute of wards and relieves, maid be King Edward the first. 18. ȝeir of his reign.   REPLEGIARE, 
To replege, thatis, quhen any man, be virtue of his awin jurisdiction, bringis back again, or reducis to his awin court his awin man, fra any uther mannis court, and leavis ane pledge, or cautioner behind him, for administration of justice. vid. Culrach. It is not leasum too any man to replege fra any uther court any person, bot his awin liege man, or halding land of him, or remainand in his service, as ane of his family or consanguinity. Stat. Alex. c. Anno 4. Statut. 2. Rob. Br. cap. 11. Ass. reg. Da. c. Statuit. 37.  RESEANTISA, 
Lib. 1. c. Essoniorum. 10. Ane seiknesse and infirmity, quhairby onie man is heavily vexed. Essonium de Reseantisa, idem valet quod excusatio, 
Essonium de Rescantisa.  de malo lecti, Bed evil. Cum quis morbo ita affligitur, ut sit lecto affixus. In French, Mal. de Lit. stat. 1. Rob. Br. c. 5. In the Law of Normandy. Lib. 9 c. 10. Essoinȝie, or excusation of Mal reseant, is quhen any person lyand bed-fast in his awin house, or any uther place, is heavily vexed with seiknesse, that he may not travel without danger of his life. In jure civili morbus Sonticus dicitur, qui eujusque rei agendae, impedimento est, 
Morbus Sonticus.  veluti febris: Et legitimam excusationem ac dilationem praebet. L. Quaesitum 60. ff. de re judic. Aulus Gellius. Lib. 20. cap. 1. Appellat Morbum Sonticum, quemlibet morbum vehementiorem, vim graviter nocendi habentem.  RESPOND, 
Or the buike of Respond. ja. 6. par. 11. c. 73. It is maid and written be the director of the chancellary. For quhen he directis precepts to the sheriff, to give saising of any lands retoured before him to the chancellary: He makis ane memorial of the dait of ilk precept, and duty of the lands; and commandis the sheriff, to take security for the samin, during the time of the ward, and non-entres, and of the relieve auchtand to the King, give the lands be halden be service of ward and relieve. Or of the doubling of the fewferme, or of the blench ferme, according to the halding of the lands. Quhilk buike ȝeirlie is presented to the Chequer: And ilke sheriff, and uther judges, givers of saisinges upon precepts, direct forth of the King's chancellary, are charged therewith in their compte, compelled to make answer thereto, and payment of all sums contained therein: for the quhilk cause, it is called Respond, quhilke is the first word of ilke artickle of the said buik. Further in the end of the saidis precepts, it is said, praesentibus post proximum terminum minimè valituris. And therefore, give the obteiner of the precept forth of the chancellary, lie out and take notched saising upon the samin, quhill ane term and maa be by-run after the dait thereof, he sulde come again to the chancellary, and raise ane new precept, quhairin is augmented the by-run mailles of the lands, sen the dait of the first precept, and ane new memorial or Respond, is maid thereof.  RETOUR, 
quhom be it is maid, and quhy it is sa called. vid. breve de morte antecessoris.  REGRESS, 
from Regrediendo, likeas  REVERSION, 

a revertendo: For like as the buyar of lands, lettuce them return to the seller thereof, be the reversion given unto him. Even swa be the regress of the superior of lands wed-set, be his vassal, after the redemption thereof, suffers the first seller of the samin to come back again to his awin place, anent the halding of them as he did before the said alienation. Swa reversion and regress are different, for reversion is given be him quha buyis the land, 
Reachept.  Cum pacto de retro-vendendo, to the annalier thereof. In French it is called, Jus reacheptus or reachept. And ane regress is given be the superior of lands, to the annalier thereof, quhairby he promises to receive again him, or his airs to be his vassals, as they were of before, quhen it shall happen any of them to redeem the said's lands. 27. November 1567. George Halyburnton, contrare the Laird of Haltoun. 
Lands annalied to be halden of the annalier and his airs.  And give any man annalies lands under reversion, to be halden of him and his airs, ane regress is not necessary: For they being afterward redeemed, he quha first annalied them, recovers the property theirof, without any new saising, and the same returnis to him, & is consolidat, with the superiority quhilk he reserved to him and his airs, the time of the alienation. 
Lands annalied to be halden of the superior.  But give ane man annalies lands to ane uther, under reversion to be halden of the superior, and the byar thereof obtain infestment, and saising halden of him: The annalier thereby is denuded of the property, and alswa is na langer vassal to his former superioure, and can na ways recover his former estait, but be redemption of the lands, conform to the reversion granted be him quha boucht them. And alswa be ane regress, given to him be the superior: In the quhilk caise it is necessare to him, quha firste annalied the lands, and thereafter redeemed them to take new saisinge, To the effect, the property quhilke was firste annalied, may return to the seller. And that he may halde the samin lands in chief of his superior, and his airs, as he did before the alienation. And it is generally to be observed, that quhaire ane regress is required, ane new saising is necessare. In aulde times, the reversion was contained in the charter, as is manifest be divers charters, ȝit extant in the register, given in the time of King David the second: conteinand the tenor of the reversion after the clause, Tenent. & habent. and uthers aulde charters in the form after following. 
Ane form of charter contenand ane Reversion.   
OMNIBUS hoc scriptum visuris vel audituris. I. dominus de A. Salutem in domino.  
Noveritis me concessisse, impignorasse, & ad immobile vadium dimisisse, & hoc praesenti scripto meo confirmasse, nobili viro. V. de F. Omnes terras meas de A. cum pertinentiis, in baronia de C. infra vicecomitatum de B. proviginti Marcis usualis monetae Scoticae, mihi per praedictum V tempore confectionis praesentium, ad opus meum valde necessarium, gratanter mutuatis, & in usus meos conversis. tenent. & habent. praefato V haeredibus suis & assignatis à me haeredibus meis & assignatis in feodo & haereditate, cum omnibus commoditatibus, libertatibus, & asiamentis ac justis pertinentiis quibuscunque adeo liberè, & quietè, plenariè, & honorificè, benè, & in pace: sicut ego vel praedicessores mei, praefatas terras cum pertinentiis, liberius aut quietius tenui, aut possedi, tenuerunt, aut possederunt, aliquo tempore praeterito. Et semper quousque ego praedictus I. haeredes mei, vel mei assignati viginti marcas praefatae monetae, praedicto V haeredibus suis, vel suis assignatis, in uno die inter solis ortum & occasum ejusdem, apud Abirdene in Ecclesia parochiali ejusdem; super magnum altar, simul & semel, persolvero, vel persolverint sine fraud. Fructibus, firmis, vel quibuscunque aliis commoditatibus seu emolumentis medio tempore per praedictum V haeredes suos vel assignatos, perceptis vel percipiendis, levatis vel levandis, indicta summa viginti marcarum, aut ejus solutione, nullatenus computandis. Quia dedi, contessi, & assignavi praefato V haeredibus suis, & assignatis, omnes praefatas firmas, fructus, & alias commoditates quascunque, & emolumenta de dictis terris cum pertinentiis, provenient. toto tempore, quo praedictae viginti Marcae (ut praemittitur) non fuerint persolutae: ex mea libera donatione, & pura voluntate, pro suis consiliis, auxiliis, & gratitudinibus, multipliciter mihi factis & impensis. In quibusquidem terris cum pertinent. praefato V tradidi saisinam, & possessionem corporalem sibi, haeredibus suis, & assignatis, juxta tenorem praesentis scripti remansuram. Ego verò praedictus. I. haeredes mei & assignati, totas terras praedictas de A. cum pertinent. praefato V haeredibus suis & assignatis, juxta vim, tenorem & effectum, praesentis scripti; In omnibus & per omnia, contrae omnes mortales varrantizabimus, acquietabimus, & defendemus. In cujus rei testimonium huic praesenti scripto meo, sigillum meum opposui, & propter majorem rei evidentiam, sigillam Andreae Giffard, tunc aldermanni de Abirdene, praesentibus apponi procuravi.  
Apud Abirdene. 23. Augusti Anno Domini 1419. Testibus Laurentio de Abernethie, Domino de Rothemay, Domino Wilhelmo de Lundoris vicario de Abirkerdour, cum multis aliis ad praemissa specialiter vocatis.  
But now the charter is given be the cellar of the lands, and the reversion be the buyar thereof, severally, sealed and subscrived be them, and the buyar keepis the charter, and the annalier keeps the reversion. Quhilk form appears to have the beginning in the days of King james the third, quha in his acts of parliament. p. 5. 20. November, cap. 27. calais the buying and selling of lands, be charter and saising, and taking again of reversions, ane new invention, and for the mair security, ordainis all reversions to be registrate, vid. Sterlingus. vid. Vadium.     

S  
SCACCARIUM, 

the Chequer, in French Eschequier, the place quhair the King's rents and patrimony, alsweil property, as casualties, is inbrocht, counted and received, and the profits of all lands fallen in the King's hands be reason of ward. Lib. 2. cap. Si verò dominus. 46. Some calais it the sovereign and supreme court, in the quhilk all causis & actiones are decided in the second instance, specially in the country of Normandy: For it is written in the law of Normandy. Lib. 15. c. 1. in fine. That Philippus pulcher, did institute twa parliamentes in Paris, and twa Checkers in Rouen. Paulus Aemilius writes, Scaccarium to be as it were, Statarium, quód homines ibi in Jure sistantur, vel quód fit Stataria & perennis curia, cum caeterae curiae essent indictivae, nec loco, nec tempore statae. As writes Budaeus in Annotationibus in Pandectas. Be reason as said is the Chequer was ane certain stable court, and notched deambulatoure, or runnand fra time to time, or fra ane place to ane uther: As the Session of this Realm was before King James the Fifth. Qui instituit Statariam curiam, cum anteò esset indictiva: Be reason it did sit thrice in the ȝeire, quhair and quhen it pleased the King. Uthers' thinkis that Scaccarium is so called, à similitudine ludi Scacchorum: that is, the play of the Chess: because money people conveenis in the Chequer to play their causes, contrare uthers, as give they were fechtand in ane arrayed battle, 
Scata.  quhilk is the form and order of the said play. Jus Normand. Lib. 15. cap. 1. in fine. Uthers' alleadgiss, that it cummis fra ane aulde Saxon word, Scata, as writis D. Thomas Smith: quhilk signifies treasure, taxation, or impost, quhairof, and of uther casualties, count, and reckoning is maid in the Chequer. Quhilke compte (like as all uther compte) is maid in sick sort and form, that tabulae accepti, that is, the charge, and tabulae expensi, that is the discharge, are equal, and sic aequè, because the compter hes given forth na mair, nor he hes received: and alswa hes given all's meikle forth as he hes received. Quhilk is called pariare rationes; and this compter is called Pariator, 
Pariare rationes. Pariator.  l. ult: §. idem quesiit de condict. indeb. l. penult. §. conductore de jure immunitat. Or else the charge and discharge are inequal, in sick manner, that the compter hes received mair nor he hes expended, and sa at the foot of the count, he is found restand awand certain sums uptaken be him, and not given forth, quhilk is reliquare rationes, and this compter is called reliquator, 
Reliquare rationes.  and is oblished reliqua infer to pay the rest auchtand be him, l. creditor 102. §. Valerius de solutionibus. Or thirdly, tabulae expensi superant tabulas accepti, quhen the compter hes given forth nor he hes received, and swa is superexpended, 
Superare rationes.  quhilk is called Prosdapanan, h. e. supererogare, vel superare rationes seu tabulas accepti. And the compter quha makis sick ane count, is called Prosdapanetes, supererogator. Quhilk word is used in the Evangell of S. Luk. c. 10. 35. quhair the Samaritane haveand pity and compassion upon the man, quha betwixt jerusalem and Jericho was spuilȝied, and wounded be thiefs and robbers, did commit him to be cured be the host of his ludging, and gave him twa pennies, and promised to recompense, quhatsumever he spended mair. vid. Ballivus.   SACREBORGH, or rather Sickerborgh, 
securus plegius, ane sicker, sure, sufficient cautioner. quo. attach. in prin. ja. 2. p. 14. c. 75. Is ane manner of borgh, or caution, quhilk ane findis to ane uther, and specially in actions, or pleyes; for quhen onie man hes action to an uther for theft or slaughter, quhairof he offers to accuse him judicially, it behuiffes the persewar, to knit and oblish him, in the hands of ane officiar, or before ane judge competent: and find sure caution, and sicker borgh, that he shall pursue in form of Law. Mod. ten. cur. c. 44. lib. 4. c. 1. Stat. Alex. c. 9 c. si quis conquestus. 10. In the civil law, the accuser in criminal causes cogitur inscribere nomen. l. 3. ff. de accusat. And conform to the practic and law of this Realm, the persewer quhan he raisis the letters, finds caution, to report the samin again, duly execute and indorsat. And also to pursue at ane certain day, conform to the tenor of the letters. And moreover quhen he accuses ane uther criminally, before the justice and his deputes, he suld swear the dittay to be true, quhairupon he accusis the defender, bot the King's advocate, accusand criminally, any of the King's lieges, is na ways oblished to swear in this case.  SAK. 
lib. 1. c. 3. In sum old buikes it is called placitum & emenda de transgressione hominum in curia nostra. In the Britton laws of King Edward it is written Sacha, 
Sacha.  est si quilibet aeliquem nominatim de aliquo calumniatus fuerit, & ille nagaverit, forisfactura probationis vel negationis (si evenerit) sua erit. 
Garba.  Quhilk may be called the unlaw or amerciament paid be him quha denies that thing, quhilk is proven against him to be true, or affirmis that thing quhairof the contrar is of verity.  SAISINA, 
ane French word saising or possession, vid. Dissasina.  SCHAFFA sagittarum, 
ane schiefe of arrows, containing twenty four. Utherwais called garba. Ane scheife of Irone, contains sexteene gades, ane scheife of steile contains fourteen gades. leg. navium, or schip laws. c. 2.  SCHIREFF, 

ane principal ruler, or judge of ane certain part of the Realm. In latin praeses provinciae. Aluredus in the confederation maid with Guntherus king of Denmark, divided England in Satrapias, centurias, & decurias, and called Satrapiam ane schire, That is ane cutting or section, 
Schira.  as is written in the old Britton laws verb. centurìa: like as we say as ȝit, scheire corns, or scheire grass, or an pair of scheirs, wherewith claith is cutted. And swa ane schire, or schirefdome, is an part of land, cutted and separate be certain meithes and marches from the rest, within the quhilk the sheriff, as judge, dois justice, and pronuncis decreites and dooms, to all the inhabitants theirof. Quhilk is called comitatus, provincia, vel vicecomitatus. lib. 3. c. tali autem. 18. lib. 4. c. si quis 28. c. si quis in manibus. 42, schireffs in this realm hes their offices given to them be the King in heritage, contrair to the act of Parliament. Jam. 2. par. 11. Cap. 44. Quhilk is the cause of great enormities and wranges, be reason the sheriffs being infest heritably, thinks themselves sure of their office, and regairdis notched the execution theirof. And to the effect that good men may make conscience of their calling, (quhairof they shall make count and reckoning to God, of all evil committed, and of all good omitted) And that uthers may be instructed of their duty, and ather moved to do the samin, or else be punished for neglecting theirof: I have collected and gathered forth of the laws of this Realm, ane schort rehearsal, and sum, of all things pertaining to the office of ane sheriff: And first of people, sick as sheriffs, deputes, Clerks, and serjands. secondly, of Schireffe courts. thirdly, of his office, and jurisdiction, quhilk generally consists, in observation and execution of all the King's laws. And particularly, in particular actiones and pleyes, pertaining to his jurisdiction and court. Quhairof sum are civil, uthers are criminal, and last of the pains and punishment of malicious, or negligent sheriffs.  

Deputes and Clerks.  First, Schireffs suld be in all and sundry parts throwout the hail realm, and specially in the North parts, and West parts of the samin, sick as the North Iles, and South Isles, for the acquieting of the peopill be justice: and in Rosse and Caithnes. ja. 4. par. 6. Cap. 59 Cap. 61. And to the effect they may the better exerce their office, and do justice to every person, as effeiriss, they suld be good, sufficient, and qualified men, as is statute be King David 2, 6. Novemb. 1357. In ilk schireffdome they suld do justice to the King's lieges, hauld courts in lauchfull time, and continue the samin according to law, swa as that Actiones and process, begun and intented before them, sall na ways be delayed throw their negligence, fraud, or malice. Stat. Rob. 3. ex libro Sconensi, and suld do justice and full law, alsweil to puire as to rich, under all pain and charge that may follow. ja. 1. p. 2. c. 45. and briefly all sheriffs and uther ordinar judges, their deputes and Clerks, suld knaw and understand the laws of this Realm, and acts of Parliament, quhairof the execution is committed to their charge, quhilk they suld cause be execute without delay. ja. 6. p. 12. c. 124. and suld not only be qualified in judgement and knowledge, to minister justice, bot also suld have sufficiently of their awin, in lands, gudes and gear, quhairin they may be punished, being found culpable in execution of their office. ja. 1. p. 1. c. 6.  

The sheriffs fee.  The schireff suld have for his fee of the escheittes, ten pundes. Leg. Mal. Mak. c. 1. Quhilk fee suld be paid to him of the extractes and escheittes of his awin court, and na utherwise: but nam fee suld be allowed to him until first he make count to the Chequer of his intromission. Ass. reg. Da. ex libro Sconensi. And under pretence of his fee, he sulde take nathing, nor use onie extorsion upon them, quha cummis to fairs, parliament, or general councils. jam. 3. par. 5. c. 33. Nor sulde take na distress of gudes and gear of little price and quantity, cummand to the fairs or mercattes. Always he sulde have the best Ox, or Cow, or unridden horse, quhilkis are stalled, or brought to be saulde. james 2. parlias. 13. cap. 60.  
All Schireffs shall have good and sufficient deputes, or bailies, 
Schireff deputes and their quality.  for quhom they shall answer. And give any person be infest with sick office in aulde time, and is un-able, or un-apt to use and exerce the samin in his awin proper person: he shall present to the King, ane sufficient depute, to exerce the said office in his place, for quhom he salbe answerable, as is statute be King Da. 2. 6. Novemb. 1357. quhilk is confirmed be jam. 1. p. 1. c. 6. And generally it is true, that ilk Scheriff, and uther ordinar judge, salbe halden to answer for their deputes, as themselves. jam. 3. p. 5. c. 26. And therefore all sheriffs, and judges, for their awin better security, sulde make their deputes ane or maa, good and wise substantious men, of best fame, knowledge, understanding, and experience, and least suspect within the Schirefdome, and suld cause them be sworn the time of their admission, that they shall leilly and truly use their office: and give they continue them fra an ȝeir to ane uther: they shall cause them be ȝeirly sworn, for administration of justice, at the head court after Michaelmes. I. 5. p. 6. c. 73.  
Schireff-Clerkes suld be honest famous men, quha be themselves and their sufficient deputes, salbe always resident, within the head burgh of the schire, for registration of letters of horning, and better execution of their office. I. 6. p. 6. c. 75. Be the old law of this realm, the Schireff Clerk was in-put, and out-put be the King: and had na league nor band with the Schireff, but was bound and oblished to the King allanerlie, and was sustained in his hienes' house, as occasion and time required, 
sheriffs Clerks.  and did all things concerning his office, with the counsel and advice of the King. Ass. reg. Da. in libr. Sconensi.  
The Schireff Clerk receivis for his fee of ilk amerciament or unlaw, twa shillings. leg. Mal. Mak. c. 1. give he shall happen to be found culpable in execution of his office, and specially anent the registration of letters of horning: he suld be punisched of all his gudes movable, to be applied to the King's use, and the Schireff shall pay for the fault of his Clerk, ane hundreth pounds to the King, and all damnage and interest of the party grieved. Jam. 6. p. 11. c. 71.  
sheriffs suld send their deputes and Clerks, ane or maa ȝeirlie, 
Deputes and Clerks.  at the first day of November, to the Lords of the Session, to be examined and admitted be them; under sick pains, as the Lords shall please to modify, in-case of failȝie, to be employed to our Sovereign Lords use. Ja. 6. p. 11. c. 80. Ja. 6, p. 12. c. 124.  
The Schireffs serjand, or officiar, suld have ane horn, 
Serjand.  and ane reide wand of three quarters of ane yairde long at the least, and give he have notched the samin, he suld be challenged therefore, be the sheriff in head courts, Ja. 1. p. 6. c. 99 Quhairof the ane and the uther is necessary to him in the execution of his office, for with the sound or blast of the horn, he denuncis the disobedient rebels: And also persewis malefactors, quha are fugitive fra the Law, and raises the inhabitants of the country, to concur and assist in taking and apprehending of them. And with the wand, he relaxes them quha returnis to the King's obedience fra the horn, and receivis them to the King's peace, As I have said already in an uther place. Likewaies all schireffs, stewarts, and bailies shall cause the maires, serjands and officiars, have ane signet conteinand the 1. letter of their name, wherewith all letters, and precepts extant be them, and indorsations thereof, salbe marked and stamped. Ja. 5. p. 6. c. 74. The Schirefs serjand suld have for his fee of ilk amerciament or unlaw of court, an colpindach, or threttie pennies. leg. Malc. Mack. c. 1. 
Schireffs court.   
It is lesum and necessary to the Schireff and his deputes, to halde schireffe courts, for execution of his office. Quhilks courts ilk sheriff be the old law of this realm, is oblished to halde after the space of ilk forty days. lib. 4. cap. Statutum. 19 ass. reg. Da. c. ad summonitiones. 19 And now all sheriffs, Stewartes, and Bailies suld hauled three head courts in the ȝeire, be themselves in proper person. Except they have just and lauchfull excuses of sickness, or of the King's service. And all barrones and free halders, quha awe suit and presence in the saides' courts, shall compeire personally. And the absentes suld be amerciat, and all they quha awe bot suit allanerlie, shall send their suittoures, honest and qualified men, 
Suit and presence.  able to decide onie action or cause. And all they quha cummis to the Court, shall remain until the samin be ended. And shall pass upon inquests and assizes, and assist the sheriff doing their office, and service, conform to their infestmentes. Ja. 5. p. 6. c. 71. The sheriff in his court shall keipe and observe sick form and order of process, as is used before the Lords of Council, and Session. And he suld set his Court peremptourlie upon fifteen days, and all precepts direct be him to summoned & warn the parties, suld be execute upon fifteen days. jam. 1. par. 9 cap. 130. jam. 5. par. 6. cap. 72. And give the indwellers within the Schireffdom and royalty thereof, compeiriss notched in sufficient number, or sendis notched their attournayes, to pass upon serving of in-queists or retoures, swa that thereby the Schireff-court is weak, and notched weill stuffed. The sheriff may warn the gentlemen of the regality, to compeire and enforce his Court, but prejudice of their regality. jam. 1. par. 9 cap. 130. Item, all Barrones, Knights, freehalders, and stewards of Bischoppes, of Abbots, and of Earls, suld be present at the Schireff-court, under the pain of the King's unlawe. Lib. 4. c. statutum 19 Ass. reg. Da. c. ad summonitiones 19 All the saidis people and uthers, quha comes to the court, sulde come in sober and quiet manner, with all's money people, as they daily sustain in house-halde and family: and beand come to their ludgeing, they sulde wear na weapons, but their knife, and give any of them dreadis bodily harm of ane uther: the sheriff suld grant him law-burrowes. ja, 2. p. 14. c. 83, and it is leasum to the schiref to charge all people to come to his court in sober manner, and give they refuse to skaill their gadderinges, and convocation, he may stay or continue the court: and the people disobedient, sal be punished be warding of their people be the space of ane ȝeire: and be payment of the expensis and damnage sustained be the party, throw delay of justice. ja. 3. p. 14: c. 104, And albeit all friehalders and uthers people suld come to court in quiet manner,, as said is. Nevertheless it is leasum to the sheriff, stewart bailly, and uthers the king's officiars, to ride with greater number, for execution of justice, 
The unlaw of court.  and forth setting of the King's authority. ja. 5. p. 4. c. 27. The unlaw of the sheriff in his court, suld not exceed the sum of 16, schillinges, and to his clerk 2. schillinges, and to his serjand an colpindach, or 30. pennies, leg. Malc. Mack. c. 2.  

Jurisdiction. The Schireff hes na jurisdiction outwith his awin territory.  The jurisdiction of the sheriff consistis and standis generally in divers and sundry points. Bot first of all it is to wit, that the sheriff his depute, and serjand, hes na jurisdiction or power outwith the bounds of his awin schireffdome, to sumund or attach any person, or to poinded or take ane destres of onie man's gudes and gear: for they suld make faith that they shall faithfully serve the King, within their awin Schireffedom, and sal notched trouble or molest onie person within the samin, against law and reason. Ass. reg. Da. c. nullus. 13. quo attach. c. nullus. 57 Swa it is manifest, that the Schireff hes only jurisdiction, within his awin Schireffedome. 
The Schireff suld cause the laws be proclaimed and observed.  Within the quhilk, he and his deputes suld cause the laws & acts of Parliament to be published, red, and proclaimed in his courts, and to be keiped and observed be all our Sovereign Lord's lieges, alsweil in the courts of all Prelates, Earls, Barrones, and uthers haveand power to hauled court, as in his awin schireffe court, and suld give to them the copy of the laws, that na man pretend justly ignorance thereof. Stat. 2. Rob. c. Robertus 28. And siklike in all burrows of this realm, the schireff sall cause 12. leil and honest men of the burgh, swear and make faith, that they shall cause the King's laws be keiped and observed. Stat. Alex. c. Item in omni. 25. & to the effect the samin may be the better done be him, the acts of Parliament being registrat, suld be delivered be the Clerk of the Register to him: quhilk he shall cause be proclaimed oppenlie, in chief place of the schireffdome, and suld give copies of them to prelate's, barrones, & burrows within his schireffdome upon the expenses of the asker, & suld cause all indwellers within his schireffdome baith to land and to burgh, to keipe and observe the said laws and statutes, under the pain of deprivation of his office ja, 1. p. 3. c. 67. ja. 2. pr 14. c. 90. 
The Schireff suld be present in all courts.  And likewaies to the effect the schireff suld see justice lawfully done and ministered: he suld be present in all courts of Bishops, Abbots, Earls, Barrones, and friehalders to quhon it is not leasum to hauled their courts, except the schireff or his deputes be present, or summoned to that effect, li. 4. c. die lunae. 14. Stat. Alex. assisa. 10. Ass. reg. Dam, c. 1. And siklike na barrone may hauled court of battle, water, or jron, except the schiref or his deputes be present to see justice done. Stat. Alex. c. praeterea. 28. vid. duellum. vid, mahamium, And mairover the schireff and all uther judges within the schireffedome, 
The Schireff suld repair to the King.  suld repair and come to the King, the first night he cummis within the schireffdome, to answer to all complaints maid against him, anent the notched keiping and observation of the laws: and sal notched depart, nor pass away without licence asked and obtained, under the pain and unlaw of aucht kine, Ass. reg. Da. c. statutum. 20, quo attach. c. Statutum. 80. And also shall notched pass away fra the King, except he have with him the Acts of Parliament, and his instructiones given to him in writ Ass. reg. Da. ex libro Sconensi. 
He suld not execute or obey unlauchfull commands.  Last concerning the execution and observation of the laws, the sheriff, nor na uther officiar of the law, shall onie ways obey, or execute onie command direct to them be the King, under the great seal, privy seal, or signet, repugnant or contrarious to law or reasson. Bot give onie sick precept be presented to them, they shall receive the samin reverently, writ upon the back thereof, and remit the samin again. Rob. 2. 1372. And of his reign, the first ȝeire,  
The sheriff suld notched only make the publication of the laws, and cause the samin to be keeped and observed: Bot also suld concur and assist with uthers to do the samin, sick as the justice generale, chalmerlane, & auditors of our Sovereign Lord's Chequer.  
The sheriff at command of the justice general, suld summound certain people to burgh and to land, to give up dittay, to the justice Clerks, 
The Schireffs office in the justice air.  and suld be present in proper person at the justice air with the verification of the saides' summons. He suld sustain and pay the expenses of the justice clerks, in the time of the taking up of the dittay. Quhilk suld be allowed to him in his compte, he suld (conform to the justice precept direct to him) summoned all Bishops, Abbots, Earls, Barrones, Freehalders, and all uthers' quha aucht presence in the justice air, & are immediate vassals to the K. to compeir in the justice court, to fortify and assist the justice. Likewaies he suld summound all people endited of new, and of aulde, all pledges oblished for the entry of onie man in the air, all people quha will pursue, or defend, in the said court, to compeir, do, and fulfil that quhilk accordis of the Law. He sulde be present in the court, with sufficient testimony of the execution of of the said summons. And sulde make provisione for the justice and his Clerks, quhilk sulde be allowed to him in his first count in the Chequer. He suld take up sick sums of money and give need beiss poinded therefore as the justice modifies to be paid be them quha are amerciat, or cummis in will. vid. Iter,  
Mairover give there be onie people, quhom the Crowner may notched, nor dare notched arreist: He shall deliver their names to the sheriff, quha salbe becum borgh and cautioner to enter and present them in the justice air. Or shall pass, or send sufficient number of men, to fortify the Crowner, making the arriestment, and bringing the person arriested to the sheriff to be keeped be him. Quhilk give the sheriff failȝies to do, he shall pay ten pound to the King. james. 3. par. 14. Cap. 99 Because the sheriff suld keip the people arristed be the Crowner, & enter them to the justice air, give there be na Castle pertaining to the King within the schireffdome, quhairin they may be keeped james. 5. p. 3. Cap. 5.  
Mairover, the sheriff or his deputes suld pass, or send with the Crowner, and visie the gudes, pertaining to all people convict in the justice air, and deliver to the Crowner sa meikle thereof, as he suld have be the law, and inbring the remnant to the Thesaurar. james. 3. par. 14. Cap. ●02. And the last day of the air, the schireff suld th'oil ane assize anent the using and execution of his office. james. 3. par. 14, Cap. 102. Finally the sheriff or his deputes be their Clerk, suld inbring to the thesaurar, all extractes of the justice air, and sums of money contained thereintill: quhilk give he failȝies to do, na allowance salbe granted to him in the Chequer of his compte, albeit he have the King's letter in the contrare, granted to him in 〈◊〉 favours. Ass. reg. Da. ex libro Sconensi.  
Quhen the chalmerlaine is to hauled his air, within 〈◊〉 burgh, the sheriff be virtue of the Chalmerlaines precept direct to him; 〈◊〉 … ch and arreist without delay, under sure pledges and cautioners, 
Chalmerlaine air.  all 〈◊〉 quhais names the Provest and Bailies of the burgh shall give to him in writ; To compeire before the chalmerlaine, or his deputes, day, place & time of the air, to answer to sick things as shall be laid to their charge. At the quhilk court, and air, the schireff and his deputes suld be present, bringand with them the said precept and verification, or testimony of the execution thereof. Iter. camer. c. 2.  
All schireffs suld be examined ȝeirelie in ilk chequer, how they have kieped the acts of Parliament, and how they have punished the transgressors thereof. For in the Chequer, the schiref, 
Chequer.  or ane sufficient depute for him, haveand sufficient power, suld compeire and swear thereanent, in animam eius: Under the pain of ten pound, and tinsall of his office at the King's will. Ass. reg. Da. ex libro Sconensi. In the quhilk Chequer, the sheriff suld make count, and full payment, aeque with the Rolls, sa far as he hes intrometted, or micht intromet with the King's property or casualties, sick as escheits and wards, under the pain of warding of his person. james. 5. par. 7. Cap. 96. james. 6. par. 11, Cap. 74. And suld bring with him, his court buikes, with the count of escheits, and unlawes, intrometted with be him, togidder with the registers of hornings' registrate be him in his buikes, and of all saisinges. james. 6. par. 12. Cap. 124. And suld find cautioners, burges men within Edinburgh, acted in the buikes of Council, that he shall ȝeirlie make count in the Checquer, and payment of all things intrometted with be him. ja. 6. p. 11. c. 80. james. 6 par. 14. Cap. 230. And give he be found restand at the foot of his count onie sums of silver, to the King or his Thesaurar: it is leasum to the Thesaurar, as he pleasis, to poinded the sheriff and his deputes, or the party to quhome saising is given, for the saides' sums, conform to the buike of respond. ja 6. p. 11. c. 73.  
The jurisdiction and office of the schireff, 
The Schireffs jurisdiction in civil matters.  consists alswa in particular civil actions and pleyes, and decision theirof in his Court, and likewaies in execution of decreitis given be civil judges, sick as the Lords of Council, and session. The schireff and his deputes is judge competent to their pleyes and actiones after following. That is, the play or mute of barrones betwixt baron and baron. The mute of ane reasonable Terce pertaining to women as lauchfull wives, be reason of the decease of their husbands, complaints tuiching the breaking of appointments, agree ances, and end of pleyes made in court, and not keiped. lib. 1. c. 4. c. contingit. 31. lib. 2. c, does. 19 Mutes and pleyes of natives, that is of bonds, & servandes fugitive fra their awin masters: making of Homage: Receiving of relives: alswa actiones and pleyes of debt auchtand be an to ane uther, may be followed before the schireff, with uther actiones of wrong & unlaw. lib. 1. c. 4, lib. 2. c. consequenter. 13. The brieve of riched, & free tenements, suld be determined before the schireff, in the second instance, quhair as complaint is maid, that the court of barrones hes done wrang thereanent, be reason wranges done in the baron court, war remeded in the schiref court, be the old law of this Realm. lib. 1. c. placita. 6. lib. 3. c. solent. 17, c. ad vicecomites. 17. Bot be the law and practic now used & observed, the Lords of Council and session are only judges competent baith in the first instance, and second, to all actiones and matters tuiching fee and heritage. Siklike all pleyes tuiching Meithes and Marches of lands, betwixt nightbour and nightbour, suld be decided and declared be ane assize before the schireff, lib. 2. c. vlt. 
Molestations and cognitions  Conform to the quhilk all actiones of molestation, in trowblance of the possession of property, and commonty suld be decided be the schiref of the schire, or uther ordinar judge, quhair the lands lies, be the determination of an assize, of the best and worthiest of the country, lest suspect, and that best knawis the verity. ja. 6. p 11 c. 42. The schireff is judge competent to the removing of tenants fra lands, conform to the warning maid against them to that effect, 
Removing.  Mar. p. 6. c. 39 The schireff is judge to the brieve of inquest, quhair be ane desires to be served, and retoured narrest and lauchfull air to his predecessor. lib. 3. c. Generalia. 25. quo. attach. c. De brevibus. 31. ja. 1. p. 9 c. 127. 
Brieve of inqueist.  Quhilk brieve suld be served in plain court, be the mayst worthy of the schireffdome, summound and called upon the premonition of 15. days. Stat. Rob. 3. c. 1. Vid. breve de morte antecessoris. And nam commission for serving of the said brieve, or uthers suld be granted to onie person, 
Commissions.  in prejudice of the schireff, Stewart, or baillie, until he be first warned to hear and see the samin given, or else to allege ane reasonable cause, quhy the samin suld notched be granted. james. 5. par. 6. Cap. 82. And incase any sick brieve sal happen to be served and retoured before onie judge, commissionar; the precept of saising suld be direct forth of the chancellary, to the sheriff, as is before said, verbo. breve de morte antecessoris. For generally all precepts of saising forth of the chancellary upon retoures suld be direct to the sheriff, 
Saisinges upon precepts of the chancellary.  and uther judges ordinar, with the clause, Capiendo securitatem. jam. 6. p. 12. c. 124. And all saisings passing upon sick precepts suld be given be them, their deputes and Clerks. Mar. p. 6. c. 34. Quhairof they suld write the day and ȝeir of the giving of ilk saising; and bring the samin, togidder with all uther saisinges, given be private Noatars ȝeirly, to the chequer. ja. 4. p. 6. c. 89. Ma. p. 6. c. 47. I. 6. p. 11. c. 65.  

Ejectiones and spuilȝie.  Siklike actiones of ejection and spuilȝe, perteinis to the sheriff, and his jurisdiction. And therefore, give any man is wrangouslie ejected forth of his land, or violently spuilȝied of his guds and gear: The sheriff suld take cognition there-anent. And the ejection or spuiliȝie beand proven, shall cause him quha is ejected or spuilȝied, to be restored to his awin lands, gudes and gear, with the profits thereof, and damnage and skaith sustained be the party. Ass. Reg. Da. c. stat. 31 Specially give the people quha are ejected and spuilȝied be religious men, clerks, widows, aged people, or sick uthers quha be the law, are excused fra singular battle. Ass. Reg. Da. c. Stat. Alex. c. 5. stat. Ro. Br. 3. c. 6.  
〈…〉  

Ejectiones.  And in ejecti●●●●●●en any man is ejected forth of his lands, fee, or hereta●● 〈◊〉 sheriff at command of the Lords of Session, sall f … 〈◊〉 gar restore the ground, without prejudice of any party, and ●●●ognosce the lands in the King's hands, until they be loosed be the King. And in the mean time, inquisition is taken be the sheriff, quha was lauchfull possessor of the lands: And the samin beand retoured to the King, the lands are let to borghe to the said person. I. 2. p. 14. c. 62 And generally, the sheriff suld arreist, and put in the King's ward, all maisterfull and wrangeous occupiers or uther men's lands, and shall cause the ground to be maid void of them and their gudes ja. 2. p. 14. c. 78.  

Spuilȝie.  Concerning spuilȝie, the sheriff suld compel spuilȝiers, and their receipters (the spuilȝie being proven) to restore their gudes spuilȝied, and charge them to answer therefore, as law will. And in-case they disobey, he suld denunce them rebels, and put them to the King's horn. Quhairin, give he be negligent or partial, he salbe punished as the principal spuilȝier. jam. 2. parlia. 5. cap. 10. The like restitution suld be maid be the Lords of regalities, quhilk give they do not; the sheriff suld cause the samin be done within the regality. Jam. 2. p. 5. c. 11. Last of all, actiones of recent spuilȝie, may be persewed before the Lords, or the sheriff, within xv. days nixt after the committing of the spuilȝie. jam. 4. p. 6. c. 65.  

Execution of decreetes.  Execution not only of decreetes of ejection and spuilȝie, as said is, bot also of all uther decreetes perteinis to the sheriff, be reason of his office and jurisdiction. For ane decreet beand given against any man; letters are direct to the Schireff of the Schire, steward, or Bailies to burgh, or to land, chargeing them to put the said decreete to execution: quhilk suld be done be ilk ane of them, within their awin jurisdiction, and suld receive for their office and fee xij. d. for ilk li. recovered or contained in the decreet, to be taken of him, against quhom the decreit is given. And give the sheriff or uther officiar failȝies to do the same, he sal tine his office for iij. ȝeirs, give it be heretable: and perpetually, give he hes it in life-rent, or for ane certain time; & shall pay the principal sum recovered, to the party, with the coasts and expenses sustained be him. I. 4, p. 3. c. 30. ja. 4. p. 6. c. 67. Likewaies, all sentences and decreetes given be the Lords of the session suld be execute be the sheriff of the Schire, or his deputes, quhair the party dwellis, against quhom the decreete is given, Or else be Heralds, pursevantes, or Maisers: And for execution thereof, nane shall take mair nor is prescribed be the act of Parliament foresaid; except be liberality of the party, under the pain of deprivation of their office. ja. 5. p. 5. c. 58.  
For the better and mair ready execution of decreetes: It is leasum to the schireff, 
Foynding.  to poinded the gudes and gear pertaining to the debtor, be the brieve of distress: quhilk brieve perteinis to the Schireffs jurisdiction. lib. 1. c. Placitum. 7. Quha suld cause execute the form of poinding, & taking of distress. Quoniam attach. c. de brevibus, 31. Bot the Schireff or uther judge may not poinded any man, or take ane distress, bot within his awin jurisdiction allanerly; And give he dois in the contrair, it is plain riefe or spuilȝie. stat. Rob. 3. c. Item stat. 13. And it is not leasum to the sheriff, or any uther judge, within his awin jurisdiction, to poinded oxen, horse, or uther guds pertaining to the pleuch, or that labouris the ground, the time of the labouring thereof; give there be uther streinȝieable gudes, quhilk may be poinded. And give any man will take ane poinded within the Schireffdom, he shall come to the sheriff or his deputes, and desire him to concur and assist with him thereintill. And thereafter the sheriff, or his deputes, shall pass with him to the house of the debtor, fra quhome the poinded suld be taken. And give the debtor confessis the debt, and prievis payment thereof to be maid be him, or be uthers in his name: Na poinded suld be taken. And give any is taken, the samin suld be delivered again; utherwaies, give he grantis the debt, and proovis it not paid: The Schireff suld take the poinded, and cause the creditor be paid. And give the debtor denyis the debt, the poynd shall not be taken fra him, except it be manifest, that the debt is auchtand to the creditor; because na distress or poinded suld be taken bot for debt confessed or proven. li. 4. c. Si quis names. 30. And give the debtor hes na movable gudes, or hes not sameikle within the Schire, as is equivalent to the debt recovered against him. And give it happenis that he have some movable gudes within ane uther Schireffdome; The Schireff of the uther Schire, within the quhilk the said's movable guds lyis, shall cause the same to be poinded & comprised, & the creditor to be paid. And failȝieng of movable guds, the schireff sal cause the lands & immovable guds pertaining to the debtor, to be comprised conform to the act of Parliament, and cause the samin to he sauld and annalied, to the avail of the debt, and the creditor. ja. 2. p. 5. c. 36.  
Divers and sundry criminal actiones perteinis and belangis to the sheriff, and his jurisdiction, quhairofsome are capital; 
Criminal causes pertaining to the Schireff.  uthers are pecunial, as after followiss. And first generally the sheriff may follow and pursue all trespassoures, in the King's name, and cause his Maires and serjandes arriest them; albeit na party persewer compeir, or assist. ja. 1. p. 13. c. 139. Like as the Thesaurar, and advocate, may pursue slauchter, and uther crimes, albeit the party's keipe silence, or utherways privately agree. ja. 6. p. 11. c. 76. And swa quhen any complaint is maid, be any person to the justice General, or to the sheriff, or to any uther officiar of law within burgh, or without the samin. The sheriff, or uther judge, shall summoned baith the parties. And give the deed be done be Chaudmelle, the party shall pursue, as effeiriss of the law. Bot give it be done be fore-thoucht-fellonie, the committer thereof, salbe accused of the breaking of the King's peace: He shall satisfy the party, and be imprisoned in the king's prison. Because his life and gudes are in the King's will. 1 1. p. 3. c, 51. And give any trespassor be fugitive for any crime, the schireff suld pursue and follow him: And ilk Gentleman, not followand the schowte, or out-horne, sal pay xl. s. And ilk ȝeaman xx. s. to the king. I. 1. p. 6. c. 9 8.  
The sheriff, Crowner, or Provest within Burgh, suld cause bury him quha is murdered. Leg. Mal. Mak. c. 1. 
Murder. Witchcraft.   
The Scheriffe suld punish Witches, Sorcerers, Necromancers, and them quha seekis help, response, or consultation of them, unto the death, alsweil the abuser, as the seeker of the response, or consultation. Mar. p. 8. c. 78.  
The sheriff, and uther ordinar judges, suld search, take, and apprehend, all them quha not being lawfully admitted, 
Messe.  dois minister the Sacraments, saith Mess, or hearis the samin, to be brought to the King to be punished conform to the Law. ja. 6. p. 1. c. 5.  
The sheriff suld take straight inquisition, of them quha strikis false, 
False cuinȝie  or forbidden cuinȝie, and suld cause them to be broucht to the King, to be punished to the death. ja. 3. p. 3. c. 18.  
The Schireff beand certified of slauchter, 
Slauchter.  committed within his Schireffedome, and royalty thereof, he shall incontinent raise and follow the slayer, with sound of horn, and convocation of the King's lieges. And give he beiss apprehended with reid hand, justice shall be done within that Sun. And give he be taken and apprehended without reid hand, He salbe put in prison, and law salbe done upon him, within 40. days. And give he escaipis, or flies forth of the Schireffedome, the sheriff shall certify the nixt sheriff thereof; quha shall pursue and follow the slayer in manner foresaid. And consequently, ilk Schireffe shall certify uther, until the trespassour be put forth of the Realm, or else brought to justice: The like certification suld be maid be the sheriff, to the Lord of regality, quha suld pursue the malefactors, as the sheriff suld do. jam. 1. p. 6. ca 89. jam. 3. par. 5. c. 35. jam. 4. par. 3. c. 28. Quhen the committer of slauchter, cummis to the Girth: The sheriff suld advertise the Master of the Girthe, and cause the slayer be put to the knowledge of ane Assize, quhidder the slauchter committed be him, was done upon suddenty, or be fore-thoucht-fellonie. And give it be found suddenty, he salbe restored to the liberty of the Girth, and Sanctuary. And give it be found fore-thoucht-fellonie, he salbe punished to the death. ja. 3. p. 5. c. 35. ja. 5. p. 4. c. 22.  
The sheriff suld not only punish commiters of slauchter, as said is; 
Law-borrowes.  bot also suld after his power, stay, and stop the committing thereof: And therefore, quhen any man her doubt of his life, either be any deed, menacing, or violent presumption; and verifies the samin be his aith, or uther probation, And for that cause, askis law-sovertie to be given to him be the sheriff, that he salbe harmless and skaithles of him, of quhom he dreadis the bodielie harm. The sheriff suld grant his petition; & give he refusis the same, he shall pay 40. pound to the King, & assyith the party. I. 1. p. 9 c. 129. ja. 2. p. 6. c. 13. ja. 2. p. 14. c. 83. And give the law-borrowes happenis to be broken, the pain thereof, suld be paid to the sheriff, for the quhilk he salbe comptable in the Chequer. ja. 3. p. 1. c. 5.  
It is leasum to the sheriff and his deputes, 
Theft.  to pursue any person for theift; Albeit na party concur and inform him there-anent. Quoniam attach. c. ubi aliquis. 25. As likewaies, he is judge competent to theft and slauchter, quhen any person compeiriss and insistiss with him, in the pursuit. Bot give the said's crimes be followed be way of dittay: the justice general is judge thereto. lib. 1. c. 2. And quhen any thief is condemned before the sheriff, and execute for theft: All the movable guds, quhilk pertain to him, suld justly pertain to the sheriff. lib. 2. c. Forisfactum. 55. de judic. c. Praeterea. 148. Bot give any man findis in any town, his awin silver stolen fra him; It is not leasum to him to intromet-there-with: Bot he suld put and leave the samin, in the keiping and custody of honest men of the town, and shall declare the samin to the sheriff, quha shall compel the Provest or ruler of the town, and three men with him, to make faith, that he knawis na-thing of that theft; And thereafter the compleiner proovand the silver to be his awin, suld receive the samin to be used be him, as his awin proper gear. Lib. 4. c. Si quis. 21. stat. Alex. c. Assisa. 20 All thiefs suld be punished to the death. And it is not leasum to the sheriff, to sell any thief, or to fine with him for theft done, or to be done, under the pain of life and gudes. ja. 1. p. 13. c. 135.  
All Sorners, taken and apprehended, suld be delivered to the Schireff, 
Sorners.  that justice micht be done upon them, as thiefs and rievers ja: 2. p. 11. cap. 45. ja. 3. p. 10. ca 77. The Schireffe suld arriest and challenge, all sorners, quha lyis and sojournis upon the King's lieges, and compel them to assyith the King, and the party compleinande. And give na party compleinis, he shall inquire at the head court, anent sick trespassoures. And as he any findis, suld punish them. I. 1. p. 1. c. 7. And mairover, the sheriff and all uther officiares, alsweil to Burgh, as to land, shall punish sorners, over-lyars, maisterfull Beggars, fuilles, bairdes, vagabond, put them in ward, and banish them the Country. Jam. 2. Parli. 6. Cap. 22. And all oppressoures, strange vagabond, beggars wand'ring athort the realm, upon pretence that they are Schipbroken, or banished for slauchter, or uther odious crimes; And dissimulat thiefs, and abusers, called Egyptians. ja. 6. p. 12. c. 124.  
Sick-like the sheriff suld arreist all idle-men, and put them in sure firmance, 
Idle-men  until it be knawin, quhairon they live, and take caution of them: that the inhabitants of the country, sal be harmless and skaithlesse of them: And that they shall get masters, or passed to crafts within forty days; quhairin give they failȝie; the sheriff suld inprison them, until they be punished at the King's will. ja. 1. p. 3. c. 66. Mairover, the sheriff suld compel idle-men, to pass and labour for wages within Schippes, maid and prepared for fishing, of great and small fish, under the pain of banishment forth of the Schireffedome; quhairin give the Schireffe failȝies, he shall pay twenty pound to the King, in the Chequer ȝeirlie. ja. 4. p. 4. c. 49.  

Beggar's  All they quha are suffered to beg a landwart, suld have ane certain takin given to them be the sheriff. ja. 1, p. 1. c. 25. Under the pain of burning on the check, and banishment off the country of the beggars: and of ane unlaw of fifty shillings to the King, to be paid be the sheriff, in-case he failȝie in keiping of the premises. ja. 1. p. 2. c, 42. And mairover, the sheriff, Provest, and Bailies within Burrowes of royalty and regality, shall pay ane mark for ilk beggar that beiss found beggand except he be cruiked, seek, or weak. ja. 4. p. 6. c. 70.  
And mairover, the sheriff suld suffer na beggar to beg within any Parochin, bot only them quha are borne within the samin. For ilk beggar suld be sustained within his awin Parochin, and suld have the mark thereof. jam. 5. parlia. 4. cap. 21. And for punishment of strange idle beggars; all sheriffs and uther judges suld make prisons, stocks, and irons within Burghes, throw-faire-townes, and at all Paroch Kirkes'. ja. 6 p. 12. c. 147. And suld punish beggars, conform to the act maid be King james the Sext. ja. 6. p. 6. c. 74.  

Tuilȝies and breakers of the King's peace.  To the jurisdiction of the sheriff, perteinis to cognosce and decide anent strife, spulȝies, straikes, wounds, and breaking of the King's peace. Lib. 1. c. 2. And the sheriff suld take inquisition anent the breaking of the King's protection, and compel the breakers thereof to pay ten punds to the King, and and assyith the party. ja. 1. p. 11. c. 134  
The sheriff suld destroy veschelles, creilles, and uther engines, quhilk stoppis Smoltes to pass to the sea I 2. p. 14. c. 87. I. 3. p. 5. c. 37. 
Cruves and fishing.  He suld cause the measure and quantity of the cruves and ȝaires to be keiped in waters, quhair the sea flowiss and ebbiss: To the effect the fry of the fish, may ascend and descend; and suld likewaies give up dittay to the justice, in his air, upon slayers of Salmond in forbidden time. stat. Alex. cap. haec est Assisa. 27. Leg. Burg. c. haec est Assisa 113 Stat. Rob. 2. Br. cap. Item ordinatum. 12. The Schireff suld destroy, cast down, and hauled down, all cruves within his bounds, under the pain of xx. pund to be paid to the King. ja. 4. pa. 2. c. 15. Mar. p. 8. c. 68 For the quhilk cause, special commission is granted to him. ja. 6. p. 6. c. 89. ja. 6. p. 7. c. 111. He suld execute the acts maid anent herring and quhite-fish, and uptake the escheit of the contraveeners thereof, and make count in the Chequer, ja. 6. p. 6. c. 86.  

Hunting of the Wolf.  The sheriffs suld hunt and slay the Wolf, and her Quhelpes, three times in the ȝeir; and all the indwellers of the Schire, suld rise with him, under the pain of ane Wedder. ja. 2. p. 14. c. 88  

Archery  The sheriff suld cause bow-markes to be maid for Archery, in ilk paroch, under the pain of forty shillings, to be uptaken be him to the King's use. ja. 4. p. 3. c. 32.  

Schutting with firewarke.  The sheriff suld punish all them quha shuttis at Dear, Rae, or uther wild beasts, or wild fowls, with Culveringes, Pistolettes, or Guns. Ma. p, 4. c. 9 Notched only the sheriff, bot all judges Ordinar suld accuse at particular dietes, all them quha schuttis with Culverin, Croce-bow, at Dae, Rae, Hart, Hind, Cunning, Dowe, Herron, or fowl of riefe. ja. 6. p. 1. c. 16. p. 7. c. 123.  
The sheriff, and all uther officiares, baith to burgh and to land, at ilk Court, 
Forestallers  shall inquire quhat people byis victual, and haldis it to ane dearth; And declare their names to the King, that they may be punished as ockerers, and the victual escheit. jam. 2. p. 6, c. 23.  
Mairover, the sheriff suld escheit all gudes quhilkis are forestalled, coft, or arled be forstallers, and in-bring the twa part thereof to the King's use; And the third part to himself. ja. 5. p. c. 4. 20.  
And siklike the sheriff suld punish, be confiscation of all their movable gudes, 
Cattles.  all them quha transportis Nolt, Scheipe, or uther cattle forth of the realm. ja. 6. p. 7. c. 124. ja. 6. p. 12. c. 149.  

Policy.  The sheriff suld punish destroyers of planting of woods, Forests, orchards, broom, breakers of Dow-cattes, cunningaires, parks, stankes, ȝairdes, slayers of Hairs, makers of Mure-burne in for-bidden time, and uther destroyers of hane and policy. ja. 6. p. 6. c. 84. And likewaies, suld in-bring to the King's use, the pains of them quha plantis notched woods, makis not hedges and haining. ja. 5. p. 4. c. 9  
The unlaw of forty shilling, suld be taken up be the sheriff, fra players at the fute-ball, 
Fute-ball  In-case the Lord of the land, pretermit to do the samin. ja. 1 p. 1. c. 17.  

Caution found be the wardatar and uthers  Quhen any lands fallis, be reason of ward in the King's hands, or of any uther superior; Or quhen to Burgh or to lands, lands are given in con-junctsee, or life-rent: The sheriff or the Bailies, sal cause the wardatar find caution not to destroy the bigginges, or uther policy: And that he shall leave the samin, all's good as he found them; And that he shall sustain the air, not haveand sufficient blench, or fewferme lands. ja. 4. p. 3. c. 25. And give the sheriff, or uther judge be negligent, in requiring caution, being required thereto, be the heretoure, or his friends: He shall refound and pay to the heretour of the lands, at his perfect age, all damnage and skaith sustained throw his negligence. ja. 5. p. 4. c. 14.  

Claithing  The sheriff suld take inquisition of them quha wearis Claith of gold, silver, velvet, or silks, contrair the acts of parliament, and send them to the King, to be punished. ja. 3. p. 6. c. 45. ja. 6. p. 7. c. 113.  
All they quha usis excess or superfluity in banquets, 
Banquets.  contair the tenor of the act of Parliament, suld be punished be the sheriff, and uther judges, within the Royalitie and regality. ja. 6. p. 7. c. 118. And siklike, the sheriff suld send to the Thesaurar, the names of all people quha breakis and contraveenis the act of Parliament, maid anent the ordering of ilk mannis house, and quantity of meat and dishes, prescrived to ilk man of all estaites, that they may be accused and punished therefore. Mar. par. 5. c. 26. The Provest and Bailies within Burgh, suld cause Hostellares take reasonable price for ane mannis dinner and supper, effeirand to the prices of victuals. And suld also set down reasonable prices upon ilk mannis wark, and suld deliver the samin to the sheriff, 
craftsmen.  that he may cause the samin price be keiped to Landwart. Mar. p. 5. c. 22. Mairover, the sheriff suld punish the Barronne, quha examinis, nor prices notched the wark-man-ship of ilk craft, within his Barronnie, with the pain and unlaw of ten pounds. ja. 1. p. 7. c. 102.  
The sheriff suld send or bring all Notars, quha are Temporal men, within the bounds of his office, and present them to the Lords of Council, to be examined be them, quhidder or notched they be worthy or qualified for the office of the Notary. Mar. p. 5. c. 24. And the sheriff with sick people, as the King pleasis to adjoin to him, suld call all Notars before him and examine them. ja. 5. p. 6. c. 76.  
The sheriff suld up-take and inbring all taxationes, 
Taxation.  and make count and payment thereof. ja. 4. p. 2. c. 9  
The sheriff, with the Barronne, or Lord of the land. 
Weaponshawing.  suld see and provide, that ilk man be armed according to his estaite and rent: And shall cause weapon-shawinges to be maid ȝeirlie, after the Octaves of Pasche. Stat. Ro. 2. Br. c. Ordinatum. 27. Or at the least four times in the ȝeir. ja. 1. p. 2. c. 44. I. 4. p. 3. c. 31. Or upon Thursday in the Whitsunday oulk ja 4. p. 6 c. 75. Or twice in the ȝeir throw all the Realm, in the Months of Junij and October, or any uther day, as shall please the sheriff, steward, or bailie. ja 5. p. 6. c. 85.  
The Schireff suld execute the act of Parliament, 
Victual  anent the keiping or threshing out of victuals, and cause the samin to be keiped and obeyed under the pain of tinsel of his office, enduring the King's will. jam. 2. par, 9 cap. 37.  
The sheriff and Chalmerlaine, shall cause all met and measures to be keiped, used and observed, 
met and measures.  conform to the tenor of the acts of Parliament, as they will answer to our Sovereign Lord. ja. 3. p. 4. c. 22.  
The sheriff and his deputes suld escheitte and intromet with all horse pertaining to Earls, Lords, Barronnes, and utheris, 
Horse  halden at hard meat, langer nor the time prescrived in the act of Parliament. Of the quhilk escheit, the ane half perteinis to the King, and the uther half to the sheriff. ja. 6. p. 11. c. 56.  
The sheriff at command and direction of the Thesaurar, suld take up, 
Escheites  and intromet with the escheit guds and gear pertaining to rebels ja. 6. p. 6. c. 75.  
Divers and sundry people are disobedient to the King's Laws, baith civil and criminal, 
Excommunicate people.  and also refusis to obey and fulfil lawful decreites given and pronounced against them, be judges Ecclesiastical, civil and criminal: For the quhilk cause, some are excomunicat and cursed, uthers are denunced rebels, and put to the horn. And therefore the sheriff (to quhome perteinis the execution of the King's Laws and decreetes) suld take and apprehend all cursed and excommunicate people, at the desire of the Bishope, or his Official, and put them in prison, until they satisfy God, and the Kirk. Stat. 2. Rob. Br. cap. Rex tali. 31. Specially them quha hes remained under the censure of Excommunication, be the space of forty days. Quoniam attach. c. Rex tali. 76 stat Rob. 3. c. Item 7. To the quhilk effect, letters of caption being direct to the sheriff, he suld execute the samin against all cursed people. And give they be fugitive, their gudes and lands (give they any have) salbe comprised, for satisfaction of the party. And give they have nane, they salbe denunced rebels. ja. 2. p. 5. c. 12.  
All sheriffs, Stewards, Bailies, and uther officiares, 
Rebels.  baith to Burgh and to land, suld search, seek, and apprehend all rebels beand at the horn, and bring them to our Sovereign Lordis justice, to be justified, conform to their demerits; Under the pain of tinsel of their office, for three ȝeires, give it be heretable; And in all time coming, give it be Temporal. And mairover, to be accused for their negligence in the justice airs, or at particular diettes, as it shall please the King. ja. 5. p. 7. c. 97. Mairover, the sheriff, and all the saidis judges, alsweil within regality, as royalty, suld search, seek, follow, pursue, apprehend, and commit to ward, and present to justice, all declaired traitures and rebels, contemnandlie remainand at the horn un-relaxed; and suld do justice upon them, give they have commission to that effect. And give the saidis rebels be fugitive, the sheriff and uther judges foresaidis, suld make denunciation thereof to the sheriffs, and judges Ordinar, of the four halves about; and require them to use the like diligence, under the pain to the quhilk the traitoures and rebels are subjects, or hes incurred. jam. 6, p. 12 c. 124. And further, the sheriff suld incurreand fortify uther officiares, to take up the escheite of rebels, and suld make convocation of the King's lieges to that effect ja, 6. p. 6. c. 74.  
Mairover, all letters of horning, with the indorsation thereof, suld be registrat be the sheriffs Clerk, within fifteen days, 
Ratification of letters of horning.  after the denunciation; And being marked and subscrived be him, suld be delivered to the party. And siklike, all relaxationes suld be registrat in the Schireffis buikes, within fifteen days afer the publication thereof. jam. 6. pa. 6. cap. 75 jam. 6. par. 8. cap. 142. And ilk sheriff suld cause proclaim the names of the rebels, at the mercat croce of the head burgh, upon mercat days, preceding the three head courts, and affix ane Catalogue conteinand their names upon the mercat croce, and in the Tolbuiths: And send ane uther rol thereof to the Thesaurar, conteinand the names and causes, for the quhilk they were denunced. ja. 6. p. 6 c. 74.  

Of inhibitions and interdictiones.  Last of all, to the effect, that they quha are in Bona fide, be notched deceived in buying of lands or gudes, fra them quha are interdicted or inhibit, For eschewing of sick fraud, the Schireff, Tanquam bonus Praetor, suld cause all inhibitiones and interdictiones, with the executiones thereof, to be registrate in his buikes, be his Clerk, within forty days, after the publication of the samin. ja. 6. p. 7. c, 118.  
QUHAT Is the jurisdiction and office of ane Schireff, may be easily knawin be the laws and constitutiones abone written; 
Of the pains and punishment of Schireffs.  quhairof sundry conteinis certain special pains to be enjoined to him, for his malice or negligence. And now, I thoucht good to declare, certain general penalties, prescribed be the laws of this realm. And first, the Chancellar, Justice, Chalmerlaine, Schireffe, nor nane of their deputes or substitutes, shall sustain or maintain pleyes, quarrels, or actiones; nor shall not take lands, or uther bud or reward, from the party, for hindrance or delay of Justice. And give any shall happen to be convict thereof; he shall be punished at the King's will, and shall tine and forefalt his office, enduring his life-time. Stat. 2. Rob. Br. c. Dominus Rex. 22.  
secondly, in the time of King David the Second: Because the hail cummunitie and inhabitants of the Realm, 
Schireffs may be punished at the Kings will, and deprived.  compleined heavelie upon sheriffs, Maires, Serjandes, and utheris the King's ministers of the Law: It is statute and ordained, that incontinent before the end of the Parliament: The justice General, with the Chalmerlane, suld call, and convene before them, and the inhabitants of ilk Schireffedome, all and sundry the sheriffs, and uther Officiares, alsweil heretable, as Temporal, and deputes: And tax and modify the damnage and skaith done be them to the King and his lieges, to ane certain sum: Quhilk taxation being maid, the sheriff and uther Officiares, suld be put to the knowledge of ane good and sufficient assize; And being found culpable, and convict, they suld incontinent be put in the King's prison, until he, with advice of his Council, declare his will. And mairover, all the saidis Schireffs and uther Officiares, either heretable, or temporal, being filled and convict, suld forefalt, and tine their office, enduring their life-time. Da. 2. In his Parliament halden at Perth, 18. Feb. 1369. And of his reign. 
The Schireff may be removed be the justice, and punished be the three estaites.  40. ȝeire.  
thirdly, the justice General, in his justice air. shall challenge and accuse, the sheriffs, and uther the King's officiares; and take cognition how they have used and exerced their offices. And give any of them be found culpable or faulty: The justice shall remove him fra his office, until the nixt Parliament; And shall put ane uther in his place, to use the office in the mean time. And mairover, the justice shall take sufficient sovertie of him, under certain pains, that he shall compeir in the nixt Parliament to underly the determination and punishment to be enjoined to him be the Parliament, for his fault; And he shall no ways be restored to his office; bot give the three estaites think the samin expedient. Stat. Rob. Br. 3. Ex libro Sconensi.  

Schireffs heretable and Temporal.  fourthly, give the sheriff, or any uther officiar of law, be lawfully proven, or notourlie knawin faultise, or negligent in the execution of his office pertaining to him in fee and heritage: He shall tine the samin, and all the profits thereof, for ane ȝeir and day, and salbe punished in his person and gudes at the King's will, after the quality of the trespass. And give his office is Temporal, he shall tine the samin, for all the times he hes it: And utherways salbe punished, as said is. ja. 2. p. 14. c. 77.  
fively, give the sheriff, or any judge Ordinar, will not execute his office, and minister justice; he salbe punished, and put fra his office, for ane certain time, after the discretion of the King, and the Council, and punished at the King's will, and pay the expenses to the party compleinand. And give he be found partial or culpable, in the administration of justice; And is sheriff in fee and heritage, he shall tine his office for three ȝeires. And give he be Temporal, havand his office for ane certain time, he shall be put fra the samin perpetually: Pay the expenses to the party offended, and punished in his person, at the King's will. jam. 3 p. 5. c. 26. 
Tinsel of honour & fame   
Sextlie, all sheriffs, and uther judges, alswell Spiritual as Temporal, within regality and royalty, shall do true and equal justice to all the King's lieges, without any partial counsel, or taking of buds, under the pain of tinsel of their honour, fame, and dignity. jam. 5. par. 7. cap. 104.  

Extract of process.  Give any party compleinis upon the sheriff, that he hes done to him wrang, in giving or pronouncing any sentence or decreete against him; And desiriss the samin to be extracted and delivered to him, upon his expenses: The sheriff suld give and deliver the process, led and deduced before him, to the party, upon his expenses: And suld take four pennies for ilk act allanerlie. ja. 4. p. 6. c. 67. At the least, he suld extract process, decreetes, give saisinges and retoures, at reasonable prices. ja. 6. p, 12. c. 124.  
PARAINESIS AD JUDICES.  
OMnis qui judicare debet, Stateram in manu teneat: Nam aequalia & sine personarum exceptione esse debent judicia. Nihil iniquius quam munera capere in judiciis: Quia munera excaecant corda prudentium, & subvertunt verba justorum. Qua enim Bilance judicabitis, eadem judicabimini. Quapropter, tu judex, timeas Deum judicem; ne forte eo judicante, damneris. Stat. Wilhel Cap. 27. Proinde sis Deum honorans & timens: Sapiens & in scientia potens: Veritatem sequens & amans: Avaritias odiens & detestans. de Maritag. c. 2. Cave justitiam subvertas odio, per quod inventa aliqua malitiosa cautela, contra partem tibi exosam, reddis judicium indirectum: Vel cupiditate, dum corruptus muneribus, malitiose judicabis: Vel timore, dum metu potentioris, vere judicare non audes: Velure amore, dum causa amicitiae defendis amicum, & supprimis inimicum. de Maritag. c. 4. Facias igitur justitiam aequaliter, tam pauperibus, quam divitibus. Stot. 2. Rob. Br. Cap. 2. Quia omnes judices & magnates, qui plus favent his, quam illis in judicio, aut malefactores ullo modo manu-tenent, sunt falsi, & perjurati contra Deum, Regem & populum regni. leg. Mal. Mak. c. ult. in fine.  
SCOTIA, Sume-time signifies that part of Scotland, quhilk is on the North part of the water of Forth. Ass. reg. David. c. statuit. 21. And is opponed to Lodoneium; quhilk now we call Loudiane. For King David the First, in the third ȝeir of his reign, Anno Domini 1126. Be his Charter maid, Omnibus Scotts & Anglis, tam in Scotiae quam in Lodoneio constitutis, gave and disponed to S. Cuthbert and his Monks in Durham (Dunelmensi Ecclesiae) The lands of Collinghame, Lummesden, Reningtoun, Eiton, Fissewik, Auld-Cambus, SWintoun, Prendre-geist, and uthers' lyand in Lodoneio, quhilk now lyis in the Mers, and Schireffdome of Berwick. And in the acts of Parliament, justices general are ordained to be, ane, or twa, on the South side of the water of Forth: And ane or twa, on the North side thereof. ja. 2, p. 14. ca 97. Quhilk agries with the act maid be King james the Second par. 3. c. 5. Quhair It is statute, that the justice on the South side of the Scottish sea, set their justice airs, and halde them twice in the ȝeir. And also on the North side of the Scotish sea, as old use and custom is. And in the laws of Malcome Mackenneth. ca 4. Mare Scotiae, is taken for the water of Forth.   SECTATOR, 
Ane soytor in court, quhais qualities and office. vid. verb. Sok.  SEK 
Of wool, and fuiring of gudes be the sek, serplath, and ton. vid. Serplath.  SERIANTERIAE, Sergenteriae. 
Lib. 2. c. Dicitur autem. 72. In the quhilk place, pro Serianterijs, mendotè legitur, Suggestoribus. Serianteria á seriando, as ministerium à ministro, or servitium á servo; Signifies an manner of halding of lands, specially in the laws of England, quhair Grande seriantye, is quhen an man haldis his lands of the King: For the quhilk he suld pass with him in his hoist, or to bear his banner with him in his wars; Or to lead his hoist or army. And hereto belangis ward, marriage, and relieve, quhilk is ane mayst special Knichts service. petitseriantye, is quhen ane haldis his lands of the King; yielding to him ane knife or buckler, ane scheife of arrows, ane bow, or uther sick service conform to his infestment: Quhairunto naways belangis ward, marriage, or relieve; quhilk we may call, blench-ferme, or alba firma. Read the statute, maid be King Edward the First, King of England. 18. ȝeire of his reign, anent wards and relieves.  SERGEANT, Sergeant, 
ane French word. For like as messengers, cummis fra the French word Messiers Swa Sergeant likewaies cummis fra Sergeant, Quae est vox composita, de Serrer, quod est includere, & gent, quod pro gente, plebe, vel populo usurpatur. Itaque Seriandus dicitur qui jussu magistratus, quemlibet de populoreum criminis, in carcerem conjicit, seu includit: That is, he quha at command of the Magistrate, inclusis, or lockis in prison, guilty people delated, or suspect of any crime. Seriandus curiae or serviens curiae, the Seriante of the court, officiar, executor of letters or summons, quha be the interpreters of the civil law, is called, Nuntius. vid. Recordum.  SERPLATH. 

Jam. 1. p. 2. c. 38. jam. 2. p. 14. c. 68. Conteinis fourscore stanes. For the Lords of Council, in Anno, 1527. discerned four serplaithes of packed wool, to contain sexteene scors stanes of wool. Be the traffic of merchants now used. 
Three manners of furing of gudes  The merchandes usis to pay frauchte for their gudes to Flanders, be the Sek: To France, Spain, and England, be the Tun: And to Danskine, and the Easter Seas, be the serplath.  
As I understand, ane Serplaith of gudes, is only counted betwixt merchand and skippers, for furing of gudes to the Easter Seas, and frathine hame to this realm. 
1 Serplaith.  Swa that for every Serplaith of gudes, fured, or promised to be fured Eastward; the skipper is oblished to fuir hame to this realm, twa last of gudes: And this Serplaith of gudes is of na greater quantity, nor the sek of gudes to Flanders.  
And ilk Sek, be the act of Parliament, ja. 6. p. 7. cap. 108 Suld contain twenty four stane of wol: And be the daily calculation of merchands, forty Trois stane. 
2 The Sek. Troisstane  Ilk Trois stane, conteinis sexteene pound Trois. And ilk pound weight thereof, contains sexteene ounce Trois.  
The sek of wool, is commounlie set be the Skippers, to ane Tune: Ilk Tun conteinis, 
Sek of wool  Sex hundreth pound Trois weight. Ilk hundreth weight contains five score pound weight; 
Tun. Hundreth weight.  quhilk is sex stane, and ane quarter Trois.  
The wool, quhen it is bought be merchants, is bought be the Throne stone, 
Throne stane  quhilk conteinis commounlie, nineteen. pound and ane half Trois: Always concerning the sek of wool; I find na solid or constant weight thereof: For some seeks will be mair, and some will be less nor forty Trois stane; Bot communlie the sek of wool, conteinis forty Trois stane, as said is.  
Ane Last of guds fured hame, conteiniss commonly twelve Barrels. And the old form of furing of gudes, fra Danskene to this Realm, was for every serplaith, 
3 Furing of gudes be the Last Barrel  as it is ȝit, twa Last. Bot for this Last, the Skippers fuiriss hame, fourteen barrels, Ilk Barrel being of weight, ane schip pound. And of licht gudes, sick as lint and hempt, there is fured for the serplath, twa last.  
Ilk Last is twa packs: And ilk pakis all's great all's half ane sek of wool Skins, 
Pack.  and conteinis in weight threttie sex Sprusse stanes.  
Ilk Sprusse stane, conteinis twenty aucht pound Trois weight.  

Sprusse stane.  Swa the last exactly weighed, will contain of our Trois weight, sex score sex stanes. And for ane last of walx, that is fured hame be strangers, fourteen schip pound. 
Laste of walx  And be Scotish skippers, twelve schip pound. Also, of Tar, pick, and siklike wares, twelve great barrels for the last, and fourteen small barrels. 
Of tar Pick. Great and little barrels.  Their great barrels, are called Hamburgh trees, and are in greatness, notched unlike to our Salmond trees, and sulde contain fourteine Gallounes': and the small barrels, are some what greater, nor our herring trees.  

Ry meill.  Likewaies of Rye meill, some times twenty four barrels are fured for the Last, specially be strangers: and be our awin Skippers, auchteene barrels for the Last thereof. And ane Last of Rye, 
Rye.  is sometime auchtene Bolles, and sometimes nine-teene bowls in measure.  
Item, ten seeks of wool, makis ane Last of wool.  
Likewaies, ten hides makis ane daiker, and twenty daiker, 
Daiker.  makis an last: Twelve dowzanes of gloves, or Leather points, makis ane gross: And ane great gross, contains twelve single gross. 
Grosse.   
Ten stane of brass, makis ane Barrel.  
Sex Barrels of English drinking Bear, makis ane Tun. 
Barrel of Brass. Last of Salmond.   
Twelve Barrels of Salmonde, are bought be the merchants, for the Last: Bot in furing of them over the Sea, the skippers countiss only nine barrels for the Last.  
And likewaies the Sek, albeit it be counted in Flanders to twelve Barrels; ȝit twelve of their barrels, 
Flanders barrel.  conteinis sexteene commoun Barrels.  
The Fidder of lead, conteinis near by sexscore and aucht stane.  
Ane schip pound, conteinis sexteene stanes and ane half, 
Fidder of load Schippe pound  of Scottish Trois weight.  
Sexscore of skins, is reckoned to the hundreth.  
As likewaies, sexscore elnes of woollen claith is counted for ane hundreth ja. 6. p. 7. c. 108. Quhilk is conform to the old use, observed in the days of King David the Seconde; as is manifest be the custom count, maid be the Customer of the Burgh of Striviling, the ȝeir of God, ane thousand, three hundreth, sextie aucht ȝeires.   Weichtes and measures in Orknay. 

THe malt, meill, & bear, are delivered in Orknay, be wecht in this manner. Imprimis 24. marks makis an setting. Item 6. settings makis an meal. Item 24. meals makis ane Last. Item of meille and malt called Coist ane last makis an Scottish chalder: Item ane Last and ane half of bear conteinis 36. meals: 36. meals makis ane chalder. Item the butter is delivered in barrels, quhair the quantity is great, bot quhair the quantity is small, it is delivered in marks, and lesh pounds. That is to say, twenty-four. marks, makis ane setting, as said is, and 6. settings makes ane lesh pound, Item, ane stane and twa pound Scottish, makis ane lesh pound. Item 15. lesh pounds makis ane barrel. Item, 12. barrels makis an Last. Item the flesh is delivered be apprising. viꝪ. 10. meals makis ane sufficient Cow, and an sufficient Ox. Also ane gild Ox is apprised to 15. meals, and ane wedder is four meals. Item an Goose is twa meals. Item an Capon, is half ane Goose, viꝪ. ane meal.   SERVICIUM Militare, 
Knichtes' service, and specially concernis ward and relieve. Vide Serianteria. Vide Hawbert. Vide ward.  SERVIENS Curiae, seriandus curiae. 
Leg. Malc. Mak. cap. 3. Ane scriand, or officiar of Court, the executor of summoundes, quha summondis and attachis any person to compeare in ane court, to answer to ane uther, conform to law and reason. Molinaeus in stilo supr. cur. par. 1. c. 20. Quha is called serviens, because he suld swear to serve leallelie and truely the King, in execution of his office. Quon. attach. c. Nullus 57  SETTERDAYIS slop. 
stat. Alex. cap. haec Assisa. 27. Leg. Burg. cap. haec est Assisa. 113. Jam. 1. Parlia. 1. 26. Maij. cap. 11. jam. 4. Parlia 2. cap. 15. quhilk statute maid, as is alleged be King Alexander, is ascrived to King David, be King james the Fourth, in the place foresaid: The Setterdayis slop, is ane space of time, within the quhilk it is notched leasum to take Salmonde fish; that is, fra the time of Even-sang after noon on Setterday, until the rising of the Sun on Mononday. stat. 2. Rob. cap. Item ordinatum. 12. stat. 1. Rob. Br. cap. 8. Leg. Forest. cap. Omnes aquae, 85. Iter. Camer. c. calumniabuntur. 16.  SIMINELLUS, 
Leg. Burg. c. 122. From the Latin word, Similia, quhilk signifies the beast and smallest part of the Quheate, or flower, quhite bread, or main bread: In the quhilk signification in the dutch tongue, it is commounlie called Semmell.  SOK, 

Lib. 1, c. 3. Ane old word used in Chartoures and infestmentes, quhilk in sundry old buikes conteinand the municipal laws of this realm, is called secta de hominibus suis, in curia, secundum consuetudinem Regni. Swa after my opinion, he quha is infest with Sok (quhilk now we call Soyt, from the French word Suit. h. e. sequela) hes power and liberty to hauled courts within his awin Barronie or lands: In the quhilks courts, homines sui, or his vassals suld give foyt, and send for them, ane quha is called Soytor, or Sectator, a seqùendo; Because he suld follow the court, in the quhilk he suld compeare. 
Sectator.  This office was very profitable, for furthering of justice. And first, he quha is oblished to give Soyte in the Court of his Over-lorde, suld do the samin, conform to the tenor of his infestment, and na utherwaies. Leg. Forest. c. nullus 68 ca Si haereditas. 69. And give he aucht three Soytes be his infestment: he shall compeare bot at three head Courts in the ȝeire, 
iij. Soytes.  without summons or warning. Mod. ten. cur. c. 1. c. 31. nam judge aucht of law, or of reason, to accept any man in court as Soytour. 
Soytore suld be qualified  Bot give he can make sufficient and lauchfull report, of process, dooms, judgement, and in lauchfull form, give and pronunce doom of Mutes, and pleyes in Court, followed and defended before him in court. Mod ten. cur. cap. 38. Quon. attach. c. Nullus sectator. 20. And ilk Soytour before he be admitted be the bailie, or judge, suld be examined in three courts give he can make records of the courts, and give sufficiently ane ward, or ane doom of wards or dooms; asked in the court or not. And then quhen he is be his fellows admitted, he may may not afterward for weakness of knowledge be rejected. Quoniam. attach. nullus. 20.  
Ane Soytour, is oblished to make faith, that he shall leallelie, and truely make record of Court (that is of the claim, 
The aith of an Soyture  libel and process) and shall pronounce lawful and true sentence, according to the knowledge given to him be God: And shall after his understanding, leallelie and truely serve, enduring the time of his office. Stat. Gild. c. 50. The court beand fenced, 
The Soytour unlawis the absentis.  the Serjand thereof shall call the soytes, and default the absentes, that are notched lawfully essoinȝied: And gar ane Soytour of the court, deem them in ane un-law, with the consent of his fellows and Collieges. Mod. ten. cur. c. 1. Be the old law of this Realm, and acts of Parliament. jam. 4. p. 6. c. 95. Dooms and decreetes given and pronunced be Soytoures, in ane inferior court, was falsified and reduced in ane superior court; as the process of brieves wrangeouslie deduced in baron court, was falsified in ane sheriff court, and dooms given in the Schireff court; 
Falsing of dooms.  was falsified in the justice court. Lib. 2. c. Does duobus. 19 And last of all, dooms pronounced in the justice Court, was falsified in Parliament, before the Lords, called Auditores querelarum, in this manner contained in the register. 7. October. 1476. Datum fuit judicium infrascriptum, per os Alexandri Dempster judiciarij Parliamenti, in praesentia Serenissimi Principis jacobi tertii. S. D. N. Regis, cum corona in capite suo & sceptro in manu, sedent. in Cathedra justiciae Parliamenti, sub hac forma: The Lords chosen be the three Estaites of this present Parliament, upon discussing of the dooms, deliveris and declaris, that the doom given in the justice air of Edinburgh, the xij. of julij last bypast, be the mouth of Andrew Blackfurd soytour, for the Lands of N. for john N. and jonet N. his spouse, and again called be David Balfoure of Caraldstoun, fore-speaker for Archebald N. was evil given, and weill again said: For divers reasons schawen and understand to the saidis Lords: And therefore ilk soytour of the said doom, and their lords, ilk man be himself, is in ane ammerciament of the court of parliament, sick as effeiris to be taken in the justice air; and in ane unlaw of the said justice air for them; And in ane unlaw of Parliament amangst them all, sick as effeiris of Law; and this I give for doom. Swa it is manifest, that in all courts inferior to the Parliament, the soytoures pronunced the doom. And give the doom given be them in ane Barronne court, was falsified in the Schireffe court: All the soytoures paid bot ane unlaw. Bot give the doom given be them in the Schireffe court, was falsified in the justice court, ilk soytour paid ane unlaw of ten pounds, of the quhilk diversity, the reason is contained in. Quoniam attach. c. quilibet. 7.   SOKMANRIA, Or Socage, 
Is ane kind of halding of Lands, quhen any man is infest freely, without any service, ward, relieve, or marriage, and payis to his Master sick duty, as is called, petit seriantie: Or quhen ane haldis his Lands in name of Burgages, or in Libera Eleemosyna. de Maritag. Cap. 1. Soccomannus, is called ane vassal, or Freehalder, 
Soccomannus  quha haldis his Lands in manner foresaid: or in blench-ferme, sive nomine albae firmae: Et opponitur militi, qui tenet per servitium militare: That is, be service of ward and relieve. Lib. 2. Cap. Si quis plures. 30. Cap. Et haeredes. 41. And in Magna Carta of England. Anno. 51. Henr. 3. cap. 27. Mention is maid of sundry forms of halding. 
Soccage.  ViꝪ. Free-ferme, burgages, soccage, and Knicht-service. Read the statute maid be Edward the First, King of England, the xviij. ȝeire of his reign. Utheris alleagis that Socagium, cummis fra Socco, sive Aratro, affirming that Socage, is properly, quhen the tennent is bound and oblished, to come with his pleuch to teill and labour ane part of the Lordis lands. Concerning tenors, and divers halding of lands, read the treatise written be Littleton.  STALLANGIATORES, 
A stallo, Creamers, or Foreign merchants, quha within Burgh, in the time of Fair or mercat, payis certain duty for their stall or stand, in the quhilk place they sell their merchandise: For it is ordained, that ilk stranger sall either agree with the Provest of the Burgh, in the best form as he may: or else ilk mercat day, shall pay to him ane halfpenny. Leg. Burg. cap. Quilibet. 39 And in the old form of customs, It is called the stallange of the market. And Leg. Burg. Mercenarius. 40. It is called Stallum, or Botha in Foro.  STINGISDINT, 
Leg. Burg. c. Sciendum est. 9 Ane dint or straike with ane sting or Batton: In Latin, Fustigatio.  STERLINGUS, 

Est genus ponderis, ane kind of weight containing threttie twa corns, or grains of Quheate, Vt in Assisa Reg. Da. de ponderibus & mensuris. And in the Cannon law, mention is maid of five shillings sterling, and of ane mark sterling. c. 3. de Arbitris. c. Constituit 12 de procuratoribus. And the sterling penny is swa called; because it weyis sa money grains, as I have sundry times proven be experience. And be the Law of England, the penny, quhilk is called the sterling, round, and without clipping, weyis threttie twa grains of Quheat, without tailles, quhairof twenty makis ane ounce; and twelve ounces makis ane pund; and aucht pound, makis ane galloune of wine; and aucht gallounes, makis ane buschell of London. quhilk is the aucht part of ane quarter. Anno 17. Edward. 2. c. 10. The quhilk cunȝie, was meikle used within this realm; as is maniefest be old Charters and evidentes. For the sexteenth day of August, 
Ane charter containing an reversion, and sterling money.  the ȝeire of God, 1395. Walterus Senesculli, Dominus de Ralston, Vicecomes the Perth, impignoravit, Necnon nomine pignoris dedit, & concessit Nobili & potenti Du Dom. Roberto, Comiti de Fife & Menteith, totam et integram Baroniam suam de N. próducentis marcis sterlingorum monete Scotiae, ipsi pereundem Comitem mutuatis, & prae manibus plenariè persolutis. Tenent. & habent. ipsi Comiti, & haeredibus suis, de Domino Rege etc. Quousq. dictus Walterus Senescalli, aut haeredes sui, praefato Domino Comiti, vel suis haeredibus, ducentas mercas sterlingorum monetae Scotiae uno die, inter solis ortum & occasum, in Ecclesia Parochiali, de N. persolverit. vel persolverint. Et praeterea dictus Valterus omnes firmas, reditus, commoditates, & proficua, de dicta Baronia, medio tempore provenient. dedit & concessit, prose & haeredibus suis, praedicto domino Comiti, & haeredibus suis, prosuo consilio bono, ipsi impenso, & impendendo. Faciendo inde annuatim, praedictus Comes & haeredes sui, Domino Regi servitia debita & consueta.  
The quhilk Charter conteinis the reversion, and also ane donation of the profits of the lands, quhilkis were wad-set, conform to the practicque used and observed unto the time of King james the Third, of good memory. vid. Regress.   SUBVASSORES, Subvaluassores, 
base halders, or inferioure halders, specially, they quha haldis their Lands of Knichtes. leg. Malc. Make, c. 4. Quoniam attachiamenta cap. Si aliquis 49. As. Reg. David: c. Statuit. 8. Quhair it is ordained, that ilk person, quha is accused criminally, shall be judged be his Peer, or Superioure in estate and dignity.    

T.  
TAINT, 
vide Attaint.  TENEMENTUM, 
Is commonly taken for the property of onie lands, Or immovable gudes within Burgh, or without the samin. Lib. 2. cap. Does duobus 19, capit. Fieri autem. 67. Liberum tenementum. And the superior sulde not have the Ward of the tenement pertaining to his vassal being Minor: Nor can crave na service nor relieve fra him, being Minor or Major, except he first receive his homage. Lib. 2. cap. Praedictis. 60. In the quhilk signification, it is commounlie used in the Laws of England.  TERRAE Dominicales, 
Ane word commounlie used in Charters & infestments, quhilkis are called ane Manes, or demaine lands laboured and occupied be the Lord, and proprietar of the samin: from the French word, Domain, Domanium, or Demanium: Quhilk word properly signifies the King's Lands pertaining to him in property. 
Domanium.  Quia domanium definitur illud quod nominatim consecratum est, unitum et incorporatum Regiae Coronae, ut scribit Chopinus de domanio Franciae. Tit. 2. per l. Si quando 3. C, de bon. vacant. Lib. 10. Et Matthaeus de afflictis in Constitut. Siciliae. Lib. 1. Tit. de locatione demanij 82. quhilk may be called, Bonae incorporatae, et in corpus fisci redacta.  THANUS, 
is ane name of dignity, and appearis to be equal with the Son of ane Earl. For the Cro of the ane, and the uther is alike. Lib. 4. c. Si quis calumnietur. 28. statuit. 64. And Thanus was ane Freehalder, halding his lands of the King. Quoniam attach. c Recordatio. 63. Ass. reg. Da. c. Recordatio. 17. stat. Alex. c. Recordatio. 26. And give ane man not taken with the fang, is accused of theft, and na sufficient probation is deduced against him; he suld purge him be the aith of twenty seven men, or of three Thanes. Lib. 4. c. Si quis calumnietur. 28. Thanagium Regis, signifies ane certain part of the King's lands or property, quhairof the rule and government perteinis to him: quha therefore is called Thanus. For Domania Regis, et Thanagia Regis idem significant. Ass. reg. Da. c. statuit Dominus 38. It is ane Dutch word, for teiner signifies ane servand, and teinen to serve: And Thane is likewise ane servant, and unter Thane ane inferior servand or subject. Vid. Leg. Britonum verbo Thanus.  THEME 
lib. 1. c. 3. is power to have servandes and slaves, quhilk are called nativi, bondi, villani, and all Barronnes infest with Theme, hes the same power: For unto them all their bondmen, their bairnes, gudes and gear properly perteinis, swa that they may dispone there-upon at their pleasure. lib. 2. c. Consequenter 13. cum seqq. And in sum aulde authentic buikes it is written, Theme est potestas habendi nativos, ita quod generationes Villanorum vestrorum, cum eorum catallis, ubicunque inveniantur, ad vos pertineant. Theme cummis fra than, id est, servus, and therefore sum times signifies the bondmen and slaves, conform to an aulde statute, and law. De curia de Theme. Quod si quis teneat curiam de Theme, et illa querela in illa curia movetur, ad quem theme vocantur; 
Curia de Them. id est, de nativis, seu Servis.  non debet illa curia elongari, sed ibidem determinari, et omnes Themi ibi compareant. Quhilk is understand of the question of liberty, quhen it is in doubt, quhidder onie person is ane bondman, or freeman: Quhilk kind of process suld not be delayed, bot summarily decided. Quhairof their is twa kinds: for either ane free man is alleged to be ane servand and slave, or ane quha is in servitude, desiriss to be maid free, and put to liberty. dict. Cap. 13. Cap. 14.  THIFT-BOTE, 
vide Bote.  TIMBRELLUM, Tumbrellum, 
ane kind of torment; as stocks, or jogges, quhairwith craftsmen, sick as browsters are punished. Leg. Burg. cap. Si aliquis 21. Quhair it is called, Castigatorium.  TOLL 

Lib. 1. Cap. 3. Custom, from the Greek word of the samin signification Telos, He quha is infest with Toll, is custom free, and payis nam custom; Quhilk is maniefest be sundry old Buikes, quhairin it is written. Toll. h. e. Quod vos & homines vestri, de toto homagio vestro sint quieti de omnibus mercantiis, & de tolneto de omnibus rebus emptis & venditis.  
Mairover, all Earls, Barronnes, Knichts, vassals, life-renters, Freehalders, and all quha hes lands Nomine eleemosynae, suld be quite and free, fra payment of Toll and custom within Burgh; in buying meat and Claith, and uther necessair things to their awin proper use. Bot give any of them be commoun merchants, they suld pay tholl and custom; Albeit they have all's great liberty, as Barronnes. De Judic. cap. 3. Leg. Forest. cap. cap. Comites. 13. And in the old Britton Laws of King Edward, It is written. th'oil, quod nos dicimus Tholoneum, est quòd ita infeodatus, habeat libertatem emendi & vendendi in terra sua.   TORRALIUM, 

Thoralium, à torrendo, is called ane Kill, quhair corns are dried. Leg. Burg. c. Si quis. 53. De combustione domus aut torralii, of the burning of the house or Kill. Give ane servand burne rakleslie thy house, Kill; or neichtboures houses adjacent: He suld not be punished, bot tinis his service: Bot give any man hiriss ane Kill, and it burn, he shall pay bot the hire. Bot give he borrowiss it, and it burn; he shall pay the valour of it, to the party skaithed, vide jam. 1. Parlia. 4. Cap. 71. Cum seqq.   TORT, 
Et non reason, un-reason, wrang, and unlaw, Stat. 2. Rob. Br. c. Item quod nulla. 17. Tort in the French tongue, is wrong or injury: Unlaw cummis fra on, 
Vnlaw.  Privativa particula apud nos & Germanos, eodem modo quo In, apud Latino's, and law, or lauch, id est lex: Quasi sine lege, vel contra legem, vel quod non jure fit. Ius Normand. Lib. 12. cap. 1. Actiones of wrang and unlaw, appearis to be civil actiones, and are opponed to Actiones criminal, touching life and limb. Stat. Alex. cap. Si quis 9 Cum seqq. Leg. Mal. Mak. c. 4.  TOSCHEODERACHE, 
ane office or jurisdiction, not unlike to an Baillierie, specially in the Isles and Hielandes. For 9 Mart. 1554. neil Mack-neill, disponed and annalied to james Mack-Oneill, the Lands of Gya, and utheris with the Toschodairach of Kintyre. Some alleagiss to be ane office pertaining to execution of summons. Lib. 1. cum autem. 8. Quon. attach. c: Si aliquis 49. sick as ane quha summondis, attachis, or arreistis ane uther, to compeir before any judge. Stat. Dav: c: 6. Uthers' understands the same to be ane Crowner. Lib. 4. c. Raptus 9 Last. sum understandis it to be ane searchour, and taker of thiefs, and limmers: For King Evenus did statute, that in sundry Schireffdoms, there suld be sundry searchours of thiefs, reivers, & of them that lyiss in wait in the hie-streetes, and commoun passages. Hector Bcetius, Lib. 2. Lib. 10. Aberrans (inquit) Pecus, aut Domino furum judagatori (Tochederauch vulgus appellat) aut Sacerdoti reddito: 
Latrunculatores.  quod si tridúum apud te retinueris, furti reus esto: In the Civil Law they are called, Latrunculatores. Leg. Solemus. 61: ff: de judic.  TIMBRIA Pellium, 
leg: Burg: cap: Capitulum. 138. Ane Timmer of skins: That is, swa money as is inclused within twa broddes of Timmer, quhilk commounlie conteinis forty skins: In the quhilk manner, merchands usis to bring hame Martrik, Sable, and uther coastlie skins and furringes.  TIMBRELLUS, 
Dicitur parvis Cetus, ane little Quhaill. Le. Forest. c: Si quis cetum. 17. de judic. c: 27.  TINNELLUS, 
De judic. c: 27: Leg: Forest. c. Si quis Cetum. 17. The sea-mark, utherways in English Tyde-mouth. That is, the farrest part, quhair the sea tied flowiss. 
Littus.  Littus quo scilicet fluxus hybernus maris maximus excurrit, hoc est, quantumcunque mare aliquo tempore plus extenditur in hyeme vel aestate, tantum est littus ejus. §. Flumina. Et ibi Gl: Instit. de rer. divis.  TRAISTIS. 
Jam. 3: par: 14: c: 99 Signifies ane roll, or Catalogue, conteinand the particular dittay, taken up upon malefactors, quhilk with the portuous is delivered be the justice Clerk, to the Crowner, to the effect the people, quhais names are contained in the portuous, may be attached, conform to the dittay, contained in the traistis. For like as the portuous comprehendis the names of the people indicted; swa the traistis conteinis the kinds of dittay, given up upon them, quhilk is swa called, because it is committed to the traist, faith, and credit of the Clerks and Crowner; quha give they be trusty, and faithful, suld notched reveal, deleete, change, or alter the samin. Jam. 2. p. 6. c. 28.  TRIBULA, 
Leb. Burg. cap. Sihomo 16. Ane Flail quhairwith corn is threshen, A terendo, quod frumentum terat. Like as Tribulus is called ane thrissell, and Tribulum ane Pestle, quhairwith spices, or any uther thing is brayed in ane mortar: Barbarè magis quam Latinè, secundum usitatum versum à pueris in scholis decantatum: Tribulus thressill, lafoy staill, lum quoque pestle.  TUERNAY, 
Quid sit, valde ambigo, & hic aliorum avidè expecto judicium. In the Burrow laws. Cap. Quilibet. 34. Si uxor alicujus fuerit calumniata de aliquo, in placitis Burgorum utitur Tuernay: That is, as in the old English buik, the husband may do riched for his wife, in courts of Burgh. Et de judic. cap. cum quando. 28. Si quis fuerit implacitatus coram justitiario domini regis, vel alio ballivo, si dominus ejus, vel ejus Ballivus venerit & allegaverit pro ipso in debita hora, potest recuperare curiam domini sui. Et si per negligentiam suam responderit & dixerit tuentynay de omnibus sibi oppositis planè respondebit, & sic amittit curiam Domini sui. In quibusdam libris legitur Twentynay. 
Tuentynay.  Itaque conjicio esse antiquum verbum forense, quo reus utens, intelligitur approbasse judicem, adeo ut eum postea declinare non possit.    

V  
VADIUM, Vadimonium, 
from ane old word veddum, used in the Britton Laws: In Latin, Pignus, in French, Gage, quhilk we call ane wed. 
Immobile vadium.  Immobile vadium, signifies immovable gudes, sick as lands annalied and wadset under reversion: The profits quhairof, computantur in sortem, That is, are counted and reckoned within the stock. Swa that the samin being paid in sick quantity as extendis, and is equivalent to the quantity of the stock, and principal sum: Thereby the principal sum, is esteemed, as counted and paid, quhilk is called Mortuum vadium. Bot now the contrair is mayst commounlie used in the practicque of wadsettes and alienation of lands under reversion. And be the aulde law of this Realm, is called ocker and usury and ȝit be the samin, was permitted and tolerated. Lib. 3. c. 6. Quhidder the commoun form of wad-setting of lands now used under reversion, is leasum or unleasum. vid: jas. in Le cunctos populos. C. de summa Trinitate. Et Ches: in Consuetud: Burgund: Rub: 5: §. 1. 2. In old times, I find that quhen lands war wad-set, nomine pignoris, or ad immobile vadium; The profits and rents thereof were given and disponed be the annalier, to the buyer, for some certain reasonable causes; sick as, pro consilio, vel auxilio impenso, vel impendendo; to the effect, that as the buyer bruikis the lands, ex dispositione legis, swa he micht have riched to the profits thereof, Ex pacto & conventione hominis. vid. Reversion. vid. Sterlingus. vid. Mort-gage.  VADIARE 
duellum: lib: 4: c: 2: A vadii datione, to enact battle, as in the English laws, be giving of pledges, baith be the persewer and defendar, before the justice and his deputes. The persewer is said, vadiare duellum: Quhen after leave asked and obtained from the King; he offeris to prove in plain field, all to be true, quhilk he affirmis, & to that effect, offeris ane wad or pledge: And the defendar is understand to vadiare duellum, quhen he denyis all quhilk is spoken be the persewer, and affirmis the samin to be false and untrew; and thereto offeris his body to fight with him; and ane wadde or pledge to that effect. de judic. c. 61. c. 86. Molinaeus. stil. cur. Par. part. 1. c. 16. Et author tractatus de Corona, Appellatus (inquit) defendet latrocinium, feloniam, & totum factum per patriam, vel per corpus suum, secundum electionem suam, prout curia consideraverit, aut vardaverit. Si autem elegerit se defendere per corpus suum: vadieturinter eos duellum. Et appellatus det Vadium defendendi, & appellans det vadium disrationandi. Bot Philippus Pulcher, King of France, discharged all singular combattes, and all finding of pledges there-anent. Molinaeus. D. part. 1. c. 10. the duello, in this realm, the appealer and defender castis their glooves till uther; quhilk representis the finding of the pledge.  VAGABUND, 
is called properly, ane quha hes na certain dwelling place. Guido Papae quest. 202. Per Gl. 1. & Bart. l. §. 1. Praetor. ff. de damno infecto. Quhilk is very specially declared in the act of Parliament. ja. 6 p. 6. 20. Octob. c. 74.  VARDA, 

ane French word Garde, custody or keiping: For we use the letter W. quhair the French men usis the letter G. As wardaine, for Gardaine, Warderob, for Garderobe: Warrenne for Garrenne. And the ward custody, and keiping of the air, haldand his lands be service of ward and relieve, perteinis to his immediate superior, quhilk is conform to the Laws of Normandy. Lib. 5. c 10. Quhairanent their rules after following, suld be observed, and worthy to be noted. 
The ward perteinis to the superior.  The ward and custody of lands, halden be service of ward and relieve, pertaining to ane air, being Minor, and of less age; aucht, and suld pertain to the Over-lord and superior of the saidis lands, quha within the time of of the ward, may present Ecclesiastical people to Kirkes' vaikand: suld sustain honestly the air: and suld notched only pay the debts, auchtand be the defunct: Bot also ask & crave all debts auchtand to the defunct, or to the air, and pursue and defend all actiones competent to him: Bot he may notched destroy nor annalie any part of the lands. Lib. 2. cap. Plenam 42. c. Restituerit. 44. vid. Relevium. vid. Hawbert. 
The keiping of the bairnes, perteinis to the mother.   
Touching the custody and keiping of the person of the air ofward lands; or of any uther lands, or quhatsumever maill or femaill, gotten or borne in lauchfull marriage; the samin perteinis to the mother, after the decease of the father, until the bairne be of the age of seven ȝeires complete, conform to the commoun practicque of this realm, and the civil law. L. 1. & Tot. Tit. ff. ubi Pupil. educar. debeat.  
For be the Law of this realm, grounded upon the Climacterick ȝeires of Septenarius & Ternarius: That is, of seven and three ȝeires; 
Three kinds of age.  there is three kinds of age. The first is of seven ȝeires, during the quhilk time the bairnes are in custody of their parents. The second is, of fourteen ȝeires, within the quhilk it is not leasum to marry. The third is, of twenty ane ȝeires; after the quhilk time, ane air may enter to his lands, annalie and dispone the samin, as he pleasis. And before the quhilk time na person may be indicted to the justice air, or accused of life and limb. Leg. Forest. cap. Nota quod. 15.  
The keiping of the air, being Minor, haldand Lands of the King, 
The keiping of the air, perteinis to the King.  perteinis to him allanerlie, albeit the said air have uther superioures of uther ward lands, elder and prior in time to the King: Quia rex nullum potest habere parem, multó minus superiorem in suo regno. Borachia give ane air haldis lands, nomine Burgagij of the King: And uther lands nomine wardae & relevij, of aneuther superior, prior, or posterior to the King; the custody and keiping of the said air, perteinis not to the King, bot to the said superior: Quia ratione Burgagii Dominus Rex non praesertur alijs Dominis capitalibus in custodia. Lib. 2. c. Notandum. 45.  
After the outrunning of the seven ȝeires, 
The keiping of the air, perteinis to his superior.  and the air beand of that age, haldand lands of ward of ane superior, and having na lands be reason of ward of the King: The superior suld be preferred, anent the keeping of the person of the air, to the mother, gudschir, tutor, ȝea, to the King himself, and all uther people. The saxteenth of Julij, Ane thousand, five hundreth, threttie twa. Penult. Julij. ane thousand five hundreth, threttie twa ȝeirs. The Abbot of Abirbrothok, contrair Marioun Forbes. Twenty aucht of Julij, Ane thousand, five hundreth twenty nine ȝeirs. James Sandielandes of Calder, contrair, Edward Sinelar.  
The custody and keeping of the person of ane air, 
The eldest superior is preferred to all uthers.  haveand lands halden of divers superioures, be ward and relieve, perteinis to the eldest superior, to quhome the first homage was made: Or of quhome he hes the eldest and first infestment, or form of halding. For albeit ilke ane of the superioures hes the ward of the Lands halden of himself: Ȝit concerning the keiping of the person of the air, the principal and eldest superior, is preferred to all utheris, Lib. 2. c. Restituere. 44.  
The keiping of the air havand lands blenche, or in fewferme, and also ward lands, perteinis to the superior, be reason of the ward, and not to the tutor, havand intromission with his blenche, or fewlands. 
The superior is preferred to the tutor.  28. januar. Patrick Hepburne, contrair Elizabeth Ker.  
Give the superior, havand the riched and title to the ward and marriage of ane air; disponis the ward to ane donatar, and the marriage to ant uther: The donatar, to the marriage allanerlie, 
The keiping of the air, followiss the riched of the marriage.  suld be preferred in keiping of the person of the said Minor, to the uther donatar of the ward, and all uthers: Quia jus maritagij est personale & sequitur personam. The keiping of the air, suld never be committed to him, quha may claim or claimis any riched of his lands and heritage: Or may immediately succeed after him thereto. 
The keiping of the air, suld not be given to high appearand air. The end of the ward.  Lib. 2. c. haeredes. 47. Hac enim ratione illi posset praeberi occasio captandae mortis ipsius haeredis, quod est periculosum & impium. Be the Laws of this realm, the air mail, and all his lands halden ward, are within ward and keiping of his superior, until he be of the age, of xxj. ȝeiriss. And the airefemall, until she be of the age of fourteen. ȝeirs. M. p. 3. c. 5. lib. 2. c. 39 de. iudic. c. 64. c. 121. Because the lands pertaining to the air mail, are subject to the King, or uther superior be service; quhilk the Minor, be reason of his les age and ȝouth-head, cannot do. And therefore the King or superior, wantand the service, hes recours to the land: that he may be served be the profits thereof, takin up to his awin use; or be any person to quhome he pleasis to dispone the samin, until his vassal be of perfect age, and able to serve. And the air femail is in the ward and keiping of her superior, until sche be fourteen ȝeires of age, as said is. for suppose ane woman of twelve ȝeiriss of age, be the civil Law may marry ane husband; ȝit be the Law of this realm, she may notched marry, until she be fourteen ȝeires complete. At the quhilk time, sche may lawfully marry, with consent of her superior. Lib. 2. cap. Mulier 48. cap. in Custodiis. 90. And therefore sche being subject to her husband; It is not reason sche suld be also subject to the ward of her superior; and consequently under twa wards, and twa sundry several powers. Mairover, sche being married, with consent of her Over-lord; her husband may do sick service, as suld be done to him be the possessor of the lands: quhilk is conform to that quhilk is written be Doct. Thomas Smith, of the commoun well of England. Lib. 3. c. 5. c. 8.   VARDA Curiae, 
quoniam attach, c. ubi aliqua 10. c. in omni. 18. c. nullus 20. The interlocutor or decreet of the court: Curia dicitur vardare, considerare, pronunciare, in this form. The Court counselled, and advised, And I. N. Soytour of it, be their informationes sayeth, that this Court counsels and I. award, that N. is in ane default for his absence this day. The like form is used in the daily practicque, quhen the judge or clerk, be the mouth of the officiar or dempster decernis and adjudgis onie person to be in ane unlaw, for absence or any uther cause. and. lib. 2. c. that quhilk is called veredictum assisae, 
Veredictum.  in the samin place, in libro Carbreith, is called the waird, veredite, or deliverance of the assize.  VARENNA, 
ane French word, ane Garene; That is ane place quhilk is dyked and enclosed for beasts, cunnings or uthers, quo. attach. Cap. 29. Mod. Ten. cur. Cap. 21. In latin Paradisus. And the keiper of ane cunningair or cunnings, is called an Garenter. infeodatus in liberam varennam, is notched meikle different from infestment, in liberam forestam. The quhilk kind of infestment of old is given to the Laird of Rosling his predicessoures, 
Paradisus.  of the barony of Pechtland.  WARE, 
wair of the sea, ane word used in sundry infestmentes, in latin alga maris. As in the latin proverb, abiecta vilior alga. He quha is infest therewith, may stop and make impediment to all uther people, alsweil within the flood mark, as without the samin, to gather wair, for mucking and guding of their lands. Or to gather wilkes, Cockles, Lempets, Mussels, sandeiles, small fish, or bait, upon the sand or craiges, foreanent his lands. 24. Maij. 1549. The town of Carrail, contrar Grissel Meldrum. Utherwaies give any person be notched infest with sick privilege, he may na ways forbidden, trouble or molest the King, or onie of his lieges to do the premises: Or to win stains, quarrel, or to exerce onie uther industry to their awin profit and commodity, within the flood mark of the sea, quia usus maris est communis omnium. 29. julij. 1500. The King contrar the laird of Seafeild. 
Varech.  Ware cummis fra an old French word vanrech used in the laws of Normandy. lib. c. vlt. Quhilk signifies onie gudes or gear, casten out be the sea to the land, quhilk properly we call the wrak of the sea.  VASSALLUS 
quaesi bassallus, inferior socius. From the French Bas. as plus Bas, in latin inferior. And the Dutch word Gesel, in latin socius. For the vassal is inferior to his master, because he suld serve and reverence him. And ȝit he is in ane manner companion to him, because ilk ane of them is mutually oblished till uthers. vid. affidatio & Cuia. lib. 1. de feud. writes that leudes leodes, fideles, homines nostri, feudatarij, ministeriales, beneficiarii, benficiati, vassalli, almost signifies ane thing: And vassallus, in Latin is cliens. Because sick relation is betwixt dominus & vassalus, as is betwixt patronus and cliens. Molinaeus in still. cur. p. c. 16. pag. 48. Albeit Cuiacius affirmis the samin to be money ways different. And ane bas infestment is quhen the vassal annalies his lands, halden of himself and his airs, quhilk is ane inferior, private or subaltern infestment. In the laws of the fewes vassallus is called fidelis, quia fidelitatem jurat, he suld swear to be faithful and true to his master. Amanges' vassals, the first place of dignity is given to them quha are Deuces, Marchiones, Comites, and are called Capitanei Regni. The second is granted to barons and uthers of like rank and estaite. And are called valvasores maiores. The third of them, quha are called gentlemen, or Nobles, haldand of barons, quha likewise may have under them vassals, also gentlemen: For ane gentleman may halde of ane uther. 
Valvassores minores valvassini milites. subvassores  And sick vassals haldand in chief of barrones, are called Valvassores minores. And they quha haldis their lands of them, are called vassalli, valvassini seu minimi valvasores. lib. 1. de. feud. Tit. de natura feudi. §. 1. Bot in the laws of this Realm, they quha haldis of Barrones are called milites, and they quha haldis of them, are called subvassores. vid. Amerciamentum, vid. Baro, & jacob. Cuiacium. lib. 2. de. feud. Tit. de nominibus vassallorum.  WAIFE beast, 
pecus vel animal aberrans, quhilk wanders and wavers without ane knawen master, quhilk being found be onie man, within his awin bounds, he suld cause the samin to be proclaimed, divers and sundry times upon mercat days, at the paroche Kirk, and within the Schireffedome: Utherwaies give he deteinis the samin, he may be accused for theft therefore. And it is leasum to the awner of the beast, to repeat and challenge the samin within ȝeir and day. quon. attach. c. eschetae. 30. vid. Toscheoderach. In the laws of France, it is called espave, quo significatur omne illud quod oberrat, Chess. in consuet. Burgund. Rubric, 1. §. 1. verb. Espanes. In latin res pro derelicto habita. l. falsus 44. ff, de furt. 
Espanes.   WECHTES, measures and divers kinds thereof. 
vid. Serplaith. Read likewaies assisam regis David, De ponderibus & mensuris. ja. 1. p, 4. c. 68 69. 70. ja. 1. p. 3. c. 57 58. ja. 6. p. 11. c. vlt.  VENYSOUN, 
ane word used in infestmentes, a venando seu venatione, and likewaies commonly used in the laws of England, and signifies licence and power to hunt, take, and slay, of the King's venison within his Parks, and Forests. Quhilk utherwaies is notched leasum, bot is sharply punished with ane grievous fine, or be banishment or prison. leg. forest. c. 91. Quhilk is conform to the laws of England. Anno. 9 Henr. 2. c. 10. Bot be the disposition of the Forest laws, it is leasum to ane earl, Bishop, or Barrone, cummand or returnand, throw the King's Forest, at his command, to take ane, or twa beasts, be the sight of the forresster, give he be present: and utherwaies he shall blow ane horn, that he appear notched to take the samin thiefteouslie. lego. frest. c. 90.  VERD, vert, 

from the latin viride: ane word used in Charters and infestmentes, 
Grenehue.  and also in the English laws quhair it is called Grenehue, and signifies power to cut green trees or wood. And being committed be them quha hes notched power to do the 'samine, is punished be the foresters, or vierders, quha are called Viridarij, 
Viridarij  in the Laws of Normandy and England. Be the old law of this Realm all forests commonly pertained to the King: and the right of Forestarie, was given and disponed in their words, in liberam forestam. as is exponed in the word Foresta. And ane of the privileges or liberties, that is potestas secandi, licence to hue or cut green wood, was granted be the King be infestement, and disposition conteinand Verd. Quhilk liberty the King may grant within his hail forest, or onie part thereof, to onie person for fuel, or fire, bigging, or for onie uther particular use. quhilk person may notched abuse the said forest or wood, after his awin appetite and will, bot at the sight and discretion of the forester, and uther officiares; or according to the form and manner set down, and limitate in his infestement and gift, as writis, john Pappon. lib. 4. Tit. 3:  
secondly, this word verd, may be taken for power and licence of pasturage within the King's forest, granted to him quha is infest therewith quhilk in the English laws is called, the commoun of Herbage, and of uther things in the King's forest, pertaining to them quha are accustumate to have the samin: Cart. de. Forest. c. 1. Mag. Cart. anno. 9 Henr. 3. c. 8. and juistiment, herbage, agistamentum & herbagium. In latin, jus pascendi pecoris, is quhair an tenant hes right given to him of the feiding, grassing, or pastouring of his cattle within ane park or onie uther ground enclosed.   VEREDICTUM assisae. 
vid. Proporcitas, vid. Varda.  VERGELT, 
an Saxon or Dutch word, from ver, id est vir vel homo, & Gelt, pecunia sive compensatio, as vergelt furis is 30. kine. and ane quoyach. lib 4. c. de unoquoque. 17. Or 33. kine. Stat. Alex. c. de. unoquoque 34.  VILLENAGIUM, 
a villano, sklaverie or servitude. lib. 2. c. Consequenter. 13. vid. Bondagium.  VISNETUM, 
from the French word voisin, neighbour, quasi voisinetum or Vicinetum, from vicinus, ane quha dwellis near unto ane uther, or in the four halves about, from the quhilk cummis the French word, used in the English laws vicinage, and in the laws of this Realm, assisa de vicineto, is ane assize of nichtbours, or of the four halves about, vid. assisa.  WHITSONDAYES' set. 
ja. 2. p. 14. c. Or Whitsondayes making. ja. 2. In the samin par. c. 90. Utherwaies called Whitsondayes' styles. Quhilkis were certain constitutions and statutes quhilkis freehalders, baith spiritual and temporal, and specially conventes of abbeys, and religious places, maid betwixt them & their tennentes before Whitsundaie, forservice to be done to them, and better labouring of their lands, and payment of their duty.  UNLAW. 
vid. Amerciamentum. vid. Tort.  UNCTUM 
Porcorum, swine's seam or fatness. leg. burg. c. siquis scienter 71. Ab ungendo, because it is profitable for unctiones and smeering.  DOTH 
signifies outlawrie, utlagium. And in our old Scottish language ane vothman, is ane outlaw, or ane fugitive fra the laws. Mairover vouth, signifies, pursued, calling, or accusation, from voucher, id est vocare, used in the old French and English laws.  WRONG & unlaw 
. vid. Tort. To deny wrang and unlaw, is quhill the defender denies that quhilk is objected to him, or quhairof he is accused, and ȝit confesses that he hes done utherwaies then he aucht to do, and swa hes not done his duty for the quhilk he is ready to make amends and satisfy the party offended. leg. Burg. Cap. 101.  WREK, of the sea, 

ane word specified in the laws and sundry infestmentes, quhilk signifies power, liberty, and prerogative competent to the King, or to onie person, to quhome the samin is granted be him be infestement, or onie uther disposition, to intromet and uptake sick gudes and gear, as are schipbroken, or fallis to him be escheite of the sea. Quhilk liberty is all's competent and profitable to him quha is infest with wrek, as it micht be to the King himself gevar thereof, quia wracta pertinens ad dominum regem et wracta competens vassallo, ex donatione regis pari jure aestimantur. leg. forest, c, inter antiqua. 56. And in the laws of England anno. 3. Edwa. 1. c. 4. concerning wrek of the sea: it is statute that quhair an man, an dog, or an cat, escapes quick out of the schip, that sick ship or barg, nor na thing within her, salbe adjudged wrek, bot the gudes salbe saved, and keiped be the sicht of the sheriff, coroner, or the King's baillie, and delivered into the hands of sick, as are of the town, quhair the gudes were fund, swa that give onie crave the gudes within ane ȝeir and ane day, after pruife, that they beware his awin, they sallbe restored to him without delay. And utherwaies they shall remain to the King. And the sheriffs, coroners, and bailies of the town, intromettoures therewith, salbe answerable therefore to the King's officiares, and quhair wrek belanges to an uther than to the king, he shall have it in manner above expremed. And quhasoever dois utherwaies, and is attaint, or convict thereof, he salbe imprisoned, and pay ane fine arbitral to the King, and the damnage to the party. Siklike be the laws of England, the King suld have the wrek or escheit of the sea, throwout the Realm, Whailes, and great sturgeons taken in the sea, or els-quhair within the Realm. Except in certain places privileged be the King. anno. 17. Edward. 2. c. 11.   UTLAGIUM, 
vel utlagatium, outlawry, rebellion, disobedience to the laws, banishment, or forefaltour. ja. 2. p. 6. c. 30. For give the King restores ex gratia, an man that is outlawed, or foresalted, he thereby recovers notched his lands, bot be the good will of his overlord, quia forisfactum, et utlagationem: D. Rex damnatis solet remittere: nec tamen aliena Jura quaerit nec potest infringere. lib. 2. c. forisfactum. 55. the judicib. c. si per legem. 149.    

Y  
YBURPANANSECA, 
it appears to be like that, quhilk is called the law of Birdingsek, for in sum old authentic buiks it is written. lib. 4. c. 14. yburpananseca. h. e De furto vituli vel arietis, vel quantum cibi quis portare potest super dorsum curia nonest tenenda. Sum affirmis in the Gascoin language, Pana, to signify furari, to steill, and panadour, to be ane thief. & it appears weill, Seca, signifies anseck, In latin saeccus, quhilk word is commonly used in all tongues and languages amangs all people and nationes.    

Ȝ  
ȜARDE. 
ja. I. p. 7. c. 99 Is an kind of measure commonly used in England notched meikle different from our elne, ane ȝairde of land virgata terrae, in the Britton laws, is ane measure of land quhilk in divers places is divers, sometimes of 20 aikers, sometimes of 24. & sometimes of 30. aikers.  ȜELDE, 
ane gift or donation. vid. Herreȝelde.  ȜEMSEL, 
of ane Castle, the custody, and keeping of ane Castle. leg. burr. c. 3. For ȝeme, in our old language, is to observe and keep, as quhen in time of singular battle, they quha stands by, and behaldis, are commanded to keep, & ȝeme the time of the derenȝie, their weapons fra the hands of the appealer and defendor: In lib. feud, it is called feodum Guardiae, for Guardia, in latin custodia, & Guardianis custodes to quhome Castles and territories of lands are committed in keeping, quhome we call wairdanis, as writes, the interpreters of the fewes, and specially, Zasius de feudis. par. 12. Nu. 7. And in this Realm lands annuall-rents, or duties, given for the keeping of Castles, are called castelvardis.    
FINIS.   

ANE ADMONITION TO THE reader tuiching the buikes contenand the laws of this Realm, and abbreviationes used in the treatise preceiding.  
I Have alleged in this little treatise, the first word with the number of the chapter of ilk buike of the old laws of this Realm, written before King james the First, of good memory. Because there is great diversity anent the number of the chaptoures. Swa that thereby, there can be na sure or certain allegation. Bot give the number failȝie, the 1. & capital word, will be ane sure guide & convoy to the riched place alleged.  
Leg. Mal. Mack. leges. Malcolmi Mackenneth. The laws made be King Malcolme the second of that name, very good and profitable, bot few in number.  
Lib. 1. Lib. 2. Lib. 3. Lib. 4. The first, second, third and fourth buikes of Regiam maiestatem, maid be King David the first. Swa called and entitled, from the first word of the beginning thereof, to the imitation of the four buiks of the Institutions, of the civil laws; quhilk gins Imperatoriam majestatem.  
Quo. attach. quoniam attachiamenta, swa called, fra the first word thereof. Contains the Baron laws, and from the Baron court, written in the time of the said King David the first.  
Mod. ten. cur. bar. modus tenendi curias baronum, an buik written in Scottish language, quhilk is not of great antiquity as may be knawn be the still, & language thereof, and is not contained in the old buikes mayst worthy of faith and credit, always it is an interpretation of the buike quoniam attatchiamenta, maid be sum man quha hes eiked & augmented sindry things profitable, for understanding of the form of process used, in old times.  
Leg. Burg. leges Burgorum; The laws of Burrowes, maid in the time of the said King David the first, be relation and information of certain learned men, quhome he send to uther countries to learn and report to him the laws, and ordinances thereof, quhilk was done be them within the space of twa ȝeires or thereby, as is plain and manifest be old authenik buikes. And it is probable that he hes used the like form and proceeding in making and furth-setting of the remanent his laws.  
Stat. Wilh. statuta Wilhelmi Regis; Statutes, and laws, maid be King William.  
Stat. Alex. statuta Alexandri, Satutes and laws maid be King Alexander the second of that name, son to King Williame.  
Stat. 1. Rob. Br. statuta prima Roberti bruise.  
Stat. 2. Rob. Br. statuta secunda Roberti bruise. Quhilk statutes and laws maid be him are co-incident, and for the mayst part conteinis the like, or samin laws.  
Ass. Reg. Da. Assisa regis David: Laws maid be King David the bruise, called King David the Second: And in some buikes are called, statuta David Regis.  
Stat. Rob. 3. statuta Roberti Tertij: Statutes maid be King Robert the Third, Father to King james the First, quhilk as ȝit remainis in the Register of this Realm.  
Leg. Forest. Leges Forestarum: The Laws of Forestes, quhairof the author is not known to me.  
Iter Camer. Iter camerarij: the Chalmerlain air: Quhilk (as some alleagiss) was written and put in form, in the time of King james the Third: Albeit the samin Courts, were frequent, and meikle used money ȝeires before him.  
De maritag. De maritagio. Ane little treatise, written be some private man, and is na ways authentic. It is so called, because the beginning thereof is. De marito.  
Stat. Gild. Statuta Gildae, Certain ordinances and constitutiones, touching Burgesses, gild-brether, maid and constitute be Robert Durhame, More of Berwick, Simon Marschel and uthers wise men, inhabitants of the said Burgh.  
Leg. port. leges portuum, an treatise collected & written be sum particular person, quhilk is notched authentic, and conteinis ane brief sum and abridgement of the old laws, and is swa called, because it conteinis the ordinances anent the customs of ships passand forth of this Realm, or arrivand to the samin, laidned with merchandise, and the form of customs, baith outward and in-ward.  
De judic. De judicibus; Ane long and large rhapsody, collected forth of all buikes conteinand the civil law of this Realm. It is notched authentic, bot ȝit very profitable for exposition of sundry places of the Principal and authentic buikes. It is swa called be reason the beginning theirof is, De judice eligendo.  
The Acts of Parliament of King James the first, and his successors are alleged be the name of the King or Queen, author thereof. As ja. for james, Mar. for Marie. p. for Parliament, and mairover be the number of the Parliament and chapter.  
Decreites given be the Lords of the Session and Council, are alleged be the day, month, and ȝeire of God, in the quhilk they are pronounced, and sumtime be the names of the persewer and defender.  
Quhair onie thing is written in the exposition of ane word, quhilk may serve for the declaration of ane uther, for eschewing of unproffitable repetition, I remit ȝow from the word to ane uther, be vid. For vide. and swa see and read the exposition of the ane and the uther: for thereby ȝe salbe mair largely instructed.  
FINIS.