nexes, out-settes, tennentes, tennendries, and fermes of few-fermes, canes, customes, services, casualities, and uther commodities quhat-sumever.

And gif it sall happen, OUR said SOVERAINE LORD, to dispone ony of the landes, Milnes, and fischinges of the said Provestrie, quhilkis ar not comprehended in the said annexation: Or quhilkis ar now excepted and reserved, as said is, and sall be hereafter dimitted in his Hienesse handes, be the Provest and Prebendaries theirof: THAT Gif his Hienesse converted the fermes, or victual in silver; The same sall be na diminution of the rental, or cause of reduction of the saidis infeftmentes, to be maid thereof.

And als hes declared, and declaris, that it sall be lauchful to his Hienesse, to use the superioritie and few-fermes of the landes of Lurg, and Kincardin, with seventene aiker of land, quhilkis landes ar of the Abbacie and Lordshippe of Culrosse: And the preceptorie of SAINT-ANTONIS in Leith: And Chaplanarie of SAINT-JAMES, at the New-haven, landes, teyndes, and annualles of the same, as sall seeme gude to his Hienesse. And Als declaris, that notwithstanding the said annexation, appoynted to take effect, in maner foresaid, at the Feast of Martine-mes, nixt-to- cum: That Maister ROBERT DOWGLAS, Provest of Lincluden, and WILLIAME DOWGLAS, Son to the Laird of Drum-lang-rig, his successour, sall bruik the fruites, profites and dewties of the said Provestrie, during their life-times, in the same maner as they did before.

AND Alswa Ratifies and appreivis the provision maid to JAMES DOWGLAS, Sonne to the Laird of Drum-lang-rig, of the Provestrie of Lincluden, And that the act of dissolution, sall be extended in his favour, declaring the same provision to be sufficient, for bruiking and joysing of the said Provestrie, and haill profites thereof: Notwithstanding, quhatsumever Actes constitutiones or lawes, Civil or municipal, maid in the contrair, dispensand therewith, and effect theirof. AND SIK-LIKE Excepts foorth of the said annexation, The landes and utheris under-written, quhilkis ar an part of the patrimonie of North-Berwicke: They ar to say, all and haill, the place quhair the Abbay Kirk and Cloister of North-Berwick stude of before, quhilk is now ruinous, and was na Paroch Kirk. And als all and sindry the lands of the heuch of North-Berwick-Law, the Lawmeedow. The milnes of Kinkeith with the croftes thereof, the uther four croftes of land, sum-time occupied be ROBERT HUME of Heuch, with their pertinentes, lyand on the South side of the Burgh of North-Berwike. All and haill the West part of the Toun of North-Berwike, called the Nunne-gate, lyand upon the Westside of the burne, called the Clartie-burn with all and sindrie Landes, tenementes, houses, Bigginges, out-settes, tailles, barnes, zairdes, and utheris pertinentes thereof. All and haill, the twa husband-lands in Bone-stoun, with their pertinentes. All lyand in the Schireffe-dome of Edinburgh, & Constabularie of Hadingtoun. All and haill the lands of Montcreife, the Landes of Alderny, The landes of the Grange, with their pertinents, all lyand within the Schireffe-doome of Fiffe, with houses, bigginges, mansiones, fortalices, zairdes, Orchardes, fermes of few-fermes, tennendries, pairtes, pendickles, and pertinentes, of all and sindrie the foresaids lands. Quhilkis his Majestie declairis, are not, nor sall not be comprehended in the said Annexation.137

29. Quhen, quha, and how Notares suld be admitted, of their Cautioners and Protocoll.

FORSAMEIKLE As the Kingis Majesty and Estaites of Parliament, consi137 This act is important in relation to the history of church property in Scotland. In elucidation of it, see Erskine, b. ii. tit. x. § 19; and Connell on Tithes, vol. i. p. 100, et seq.

dering the great fraude used be diverse Notares, in the Office of Notarie, within this Realme, the hurte and skaith cumming there-through, to his Hienesse Liegis: and that mony persons within thir few zeires, being admitted to the Office of Notarie, with over slender tryall taken of their knawledge and qualification, and they being for the maist parte ignorant of the commoun course of the Law, forme and practicke: Quhilk ordourlie aucht to be observed in making of their instruments: contractes, and utheris writtes, titles and securities, nocht knawing quhat may stand be Law, ordour and practick, observed within this Realme, and quhat not: hes genered and daily generis mony plees: questions and controversies, amangst his Hienesse Lieges, bringing them in great trouble, charges and expences. FOR Remeid quhairof, it is statute and ordained, be his Majesty, with advise of the three Estates of this present Parliament, that all admission of Notares in time cumming, cease and stay for the space of five zeires, nixt after the date of thir presents: And that nane be admitted Notares thereafter; bot they that hes reasonable understanding in the Latine toung, and is at the least congruous: That they have served and bene in company with ane of the Lords of Session, Commissares, writers to the Signet: Or sum of the Schireffe, Stewarde or Baillie Clarkes, of the Schire, or commnoun Clerkes of the head Burrows of this Realme: And have served them trewly, the full space of seven zeires, and report their testimonial of their trueth and qualification, to be schawen to the Lordes of Councell, in time of their examination, quhilkis sall take care in the same examination bee their selves, or sum of their awen Clerkes of the Signet, quhom they please call to them for that effect. And specially, they shall cause the parties, desirous to be admitted Notar, give a present and full proofe in their presence of his writing and congruity, be forming of sum evident; As charter of Ward, blench, fewferme, burgage, mortification, or apprising, or of ane precept past on ane retour, or of Clare constat, or of ane infeftment of resignation, in favour ad perpetuam remanentiam: or sum instrument of seasing, or of ane contract, a compromit, a procuratory, a tacke, a reversion, acquittance, obligation, or sum uther commoun forme of evident. And nane to be admitted, bot by tryall and proofe in maner foresaid; And quhairas diverse and sundrie Notares, hes bene admitted in time bygane, and caution found be them, conforme to the actes maid there-upon, and that the cautioners, quhilkis become caution for them, ar for the maist part deceased. It is statute and ordained, that the bands and actes of the saidis cautioners, sall extend against their aires: And that all Notares Within this Realme, sall bring and present their Protocoll buiks, before the Lords of Session, betuixt this and the first day of Januar nixt to cum; To be used and considered be the saids Lordes: That it may be knawin how monie of their Cautioners ar on live? And how monie deceased: And quhair they are deceased, or sall be found be the saidis Lords to be insufficient, that uthers new and sufficient cautioneris, be founden in place of the Cautioneris deceased, to the contentment of the Lordes of Councell. And that sik Notares as sall be foundin altogether ignorant, and not wothie for using of that Office, sall be deprived of all using thereof in time cumming: And ordains the Shireffe of every Schire, Baillie of Regalite, their deputies and uther Judges ordinar quhat-sumever, to sende trew report and knawledge to the Clerk of Register, betwixt this and the first day of November nixt-to-cum, of all persons using the office of Notarie, within their boundes and Jurisdiction. And gif ony Notars failzie in presenting of their Protocoll buikes, to the effect under-written, that not onlie sall they be deprived fra their office, and all their Instruments quhilks they sall give foorth thereafter, declared null, & to make na faith: But alswa they sal be called & persewed, as transgressoures of his Majesties Laws & Acts of Parliament, and punished as persons defamed, and unworthie to bruik

G

Office or place of credite thereafter. And farther ordainis, that ilk Cautioner, to be foundin be Notares in time cumming, for dew administration in their Offices, becum oblished in speciall, that their Protocoll buikes, within xv. dayes nixt after their decease, sall be brocht to Edinburgh, and delivered to the Clerk of Register, or ane of his deputes, appoynted be him to that effect, quha sall be halden to satisfie the relict, bairnes, or Executours of ilk Notar, for the same Protocoll, at the sight and modification of the Lordes of Session: And thereafter the saids Notaris buikes to be reteined and keeped in OUR SOVERAINE LORDIS Register. And the Clerk of Register, and his deputies, to be answerable therefore: And to make the same patent and foorth cummand to all OUR SOVERAINE LORDIS Lieges, having interest thereto, upon their reasonable expences.'

138

30. Of the number of Officiares of Armes, their deprivation, their cautioners, and head Courtes, to be halden be the Lyon, King of Armes.

OUR SOVERAINE LORD, And three Estaites of Parliament, considering how of late zeires, there is entred in the office of Armes, sindrie extraordinar Maissers, and Pursevants, and ane verie great number of Messengers, through importune sute of diverse parties, in sik a confused and incertaine maner, that it is become doubtfull quha ar admitted, and how, and quha deprived, or nocht: Or quhidder their cautioners be livand, or departed this life. And seeing there was alwayes in times of best government, a certaine number of Officiars of Armes: It is is now therefore thocht expedient, statute and ordained, that in time cumming, there sall be onely twa hundreth persones, wearand and bearand our Soveraine Lordis Armes, in the haill boundes of the Realme of Scotland: In quhilk number, Lyon, King of Armes, and his Brether, the ordinar Herauldes, Maisseres and Pursevants, sall be comprehended, being in number xvij. persones, and the remanent to be divided amangst the remanent Schireffe-domes of the Realme, in maner following: That is to say, within the Schireff-dome of Orknay and Zetland, four: within the Schireff-dome of Innerness and Cromartie, ten: Within the Schireffedome of Narne, twa: Within the Schireffe-dome of Elgin and Forres, five: within the Schireffe-dome of Bamff, four: Within the Schireffe-dome of Aberdene, xij: Within the Schireffe-dome of Kincardin, four: Within the Schireffe-dome of Forfare, x Within the Schireffe-dome of Fiffe, x: Within the Schireffedome of Kinrosse, twa: Within the Schireffe-dome of Clack-mannan, twa: Within the Schireffe-dome of Perth, and Stewartries of Menteith and Stratherne, xij: Within the Schireffe-dome of Striviling, five: Within the Schireffe-dome of Dumbertane, four: Within the Schireffe-dome of Linlithgow, four: Within the Schireffe-dome of Edinburgh principall, xxiv: Within the Schireffe-dome of Edinburgh, and Constabulary of Hadingtoun, four: Within the Schireffe-dome of Berwick, four : Within the Schireffe-dome of Roxburgh, viij: Within the Schireffe-dome of Selkirk, twa: Within the Schireffe-dome of Peblis, iij: Within the Schireffe-dome

138 The previous statutes relating to notaries are the following, viz. 1469, ch. 6; 1503, ch. 8; 1540, ch. 11 and 13; 1551, ch. 17 and 19; 1555, ch. 18; 1563, ch. 16 and 17; the whole of which, with the exception of 1551, ch. 17, part of 1555, ch. 18, which is noticed in the observations annexed to it, and 1563, ch. 17, are superseded by the present act.

This act, so far as undischarged by 1617, ch. 22, along with A. S. 30th July 1691, constitutes the foundation of the forms presently observed in the admission of notaries. These forms are well described in the article " Notary Public," in Bell's Dict. and Dig.

The protocols mentioned in the statutes are still given to the notaries at their admission, but it is believed that very few notaries make use of them.

A seven years' apprenticeship is not now necessary for the admission of a notary.

of Lanark, x: Within the Schireffe-dome of Renfrew, iiij: Within the Schireffedome of Argyle and Tarbert, iiij: Within the Schireffe-dome of Bute, twa; Within the Schireffe-dome of Air, xij: Within the Schireffe-dome of Wigtoun, iiij: Within the Schireffe-dome of Dumfreis, and Stewardries of Kirk-cudbricht and Annandaill, xij. And to the effect that the ordour now appoynted, may take the better effect; ordains and commands, Lyon King of Armes, that he on nowayes receive ony maner of person, to the office of messengery in time cumming, except it be in the place of ane of the persons that sall be thoucht meete to be reteined, after the first day of November, nixt-to-cum, be his decease or deprivation: Notwithstanding ony precept or warrand given, or to be given in the contrair Quhairin, gif he failzie, he sall incur the indignation of our Soveraine Lord, and the persons so admitted, sall have na place to use and exerce the said Office, nor his Executiones quhat-sumever, sall nawaies be valide in Judgement, or out-with. And for tryall quhilks of the persons now occupyand the Office of Messengery, are worthie and meet to be reteined in that Office during their life-times. OUR SOVERAINE LORDE, ordainis letters to be direct to the Commissioners, nominat be his Hienesse, in the Schires, quhilks conveening in the Tol-buith of the said Burgh of the Schire, at the nixt head court after Michaelmes nixt-to-cum, sall returne their advise to the Lordes of Councell and Session, upon the first day of November nixt-to-cum: Quhat Messengers within every Schire, (not exceeding the number above written) they think maist honest, worthie, and able to be reteined in the Office, during their life-times: Or quhill they be deprived for worthie causes. Quhilks persons, being thoucht meetest to be reteined, as said is, sall be recommended be the saids Lords of Session to Lyon King, to be continued in their Offices, And authorized be him, with testimonials of new, as found worthie be the judgement of the Schire, quhairin they dwell, and recommended be the Lords of Councell and Session: And that they have new blasones of Silver, in ane forme and quantity, in ane honest and civill forme: seeing the commoun Arms, maid be Messengers in times by-past, wer sa slender and gude cheape: That the greater number of slichtmen sought to be admitted to that office, quhilk aucht indeede to be used be persons of discretion, honestie and credite: That every 、 person so admitted of new, sall finde gude and responsable soverties for observation of the injunctiones, conteined in the end of this present act, under the paine of five hundreth marks, to our Soveraine Lords use; with coastes, skaithes, damnages, and interest of parties greeved be the falsed, negligence, or informality of ony Officiar, That the names of the persones, alsweill admitted of new, as deprived, be published and imprented, within the space of ane moneth, after the said first day of November nixt-to-cum: That nane sall be abused, or pretend ignorance in default thereof. And for all complaintes to bee maid to Lyon King of Arms, upon the default of Officares in time cumming, he sall sett twa peremptour Courtes in the zeir, to be halden in Edinburgh, upon the sext day of Maij, and the sext day of November, gif they be lauchfull: and failzieng thereof, the nixt lauchfull daies. And sall summound the party compleined upon, be his precept, conteinand the cause of the complaint relevantly libelled. And cause summound the persones accused, and his cautioner, on fifteene dayes warning, and deliver their copies, concludand, in-case the Officiar be found culpable, nocht onely his deprivation fra his Office, but his Cautioner to incur the paine, quhairof the thrid part sall apperteine to the said Lyon King of Armes for his labours. And that his Acts and Decreetes, be formallie written and registrat, and patent to all our Soveraine Lords Lieges havand interest. And sik-like Letters conforme to pass there-upon, as upon the decreetes of quhat-sum-ever Judges ordinar within this Realme.139

139 The latter part of this act, which confers power upon the Lord Lyon to hold two courts

37. Vnlauchfull Customes of victuall, and uther guddes ar forbidden. FORSAMEIKLE As ane of the speciall causes of dearth, proceedis from the exorbitant Customes and impositiones, layed upon victualles, cornes and guddes, cummand to Mercattes, Free-portes or Havens, without ony warrand, and quhairof they have not bene in use and custome past memory of man, quhilk is ane oppression of the people, and ane cause of in-crease of dearth. THEREFORE OUR SOVERAINE LORDE, with advise of the three Estaites of Parliament, forbiddis & dischargis through the haill Realme, all sik customes and impositions, quhairof there is na warrand, neither have the intromettours and uptakers thereof, and their . Predecessoures, bene in use and possession thereof, past memorie of man. And ordains the takers of the saids exorbitant impositions to be called therefore: And quhat-ever they have up-tane, to be adjudged to rander the samin to the Kings Majesties use: And they further to be punished in their persones and guddes, as oppressours of the people; conforme to the Lawes of the Country: and that na custome be tane hereafter, but according to our auld Lawes and Actes of Parliament, and quhair-upon the up-takers hes speciall Warrand, at the least, bene in possession thereof, past memory of man, as said is.140

43. Slayers of wilde-beastes, committes thieft.

OUR SOVERAINE LORDE, understanding that there hes bene diverse Actes of Parliament maid of before, anent the slaying of Hart, Hinde, Dae, Rae, Hares, Cunninges, and uthers Wild-beastes with Culveringes, Cros-bowes, and Hand-bowes: And specially the Actes maid in the Parliament, halden at Edinburgh, the zeir of GOD, ane thousand, five hundreth, threescoir seven zeires, and in November, 1581. zeires. Quhilkis Actes, hidderto hes tane na effect, and that in default of the Magistrates, quhilks were appoynted to put the same to execution. THEREFORE His Hienesse, with advise of his three Estaites of this present Parliament, hes ratified, and appreeved the saids haill Actes in all poyntes, passes, clauses and articles thereof, with this addition; That the slayers and schutters of Hart, Hinde, Dae, Rae, Haires, Cunninges, and uthers Beasts, without licence, or allowance of the awners, sall be like cryme to the committers, as the stealers of. Horse and Oxen, and the committers thereof, sall incurre the paine and punishment dew to the cryme of thieft.141

44. The places appoynted for Proclamation, and serving of Brieves.

ITEM, for the eschewing of sik hurt and inconvenient in time cumming, as sindrie parties heretofore hes susteined, throw Proclamation of Brieves at places doubtfull, and appoynting them to be served in places incertaine, far distant fra the head-Burrowes of the Schireffe-dome, quhair the Lands-lies, quhilk hes maist frequently occurred in sum Schireffe-domes, quhair there is sum uthers jurisdictions of Stewardries or Baillieries, within the bounds of the same Schireffe-domes, and sum Schireffe-domes, quhairof the head Burrows are decayed or fallen in dissuein the year, and gives him jurisdiction in complaints against messengers-at-arms, remains in force. See 1592, ch. 29; 1669, ch. 95; 1672, ch. 47; 1681, ch. 95; and regulations confirmed by Act of Sederunt 10th March 1772, which further relate to the powers of the Lord Lyon, See also Darling on "The Powers and Duties of Messengers-at-Arms," page 3, et seq.

The limitation of the number of messengers-at-arms for each county, is now obsolete. See Bankton, b. iv. t. vi. § 15, and note 1. annexed to Macallan's Erskine, b. i. t. iv. § 32. 140 In reference to this act, see Cowan and Others v. Magistrates of Edinburgh, 22d Feb. 1828, 6 S. & D. 586.

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