[1579/10/62]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the complaint given in by David Home of Fishwick, knight, bearing that there being an action and cause pursued by him against Sir Richard Maitland of Lethington, knight, one of the lords of session, for transferring of a decreet of non-entry obtained by the late William Maitland of Lethington, his son, in the said David as donator thereto, by disposition made by our sovereign lord, with advice of his late dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley etc., regent for the time, in the which cause, for delay of time, it was alleged by the said Sir Richard that there ought no translation to pass because the said late William was denounced rebel and put to the horn in [Mary], our sovereign lord's dearest mother's time, for certain causes, and that he had obtained a further gift granted by her of the said decreet, and, for probation thereof, stayed the said David's process by the space of two years; and seeing that by no delay of time he could come by the said horning, which never was, he, by his supplication to the said lords of session, desired the same to be proven by witnesses, having neither law nor established custom in such case; and it being a novelty tending to the whole ruin, as well of the nobility as whole subjects of this realm, in case the same were received as an establish custom, whereupon the said David complained against him to our sovereign lord and lords of secret council, and then the lords of session were discharged to proceed therein, and the same ordained to be discussed before our sovereign lord and estates of parliament; likewise the same was continued in the last parliament held at Stirling to this present parliament, desiring therefore the king's majesty and estates to receive the said matter and discussing thereof before them and put the same to vote for decision thereof, that it may remain as a law to the whole subjects in time coming. Which supplication being seen and considered, our sovereign lord, with advice of the three estates of this present parliament, has declared and declares that in all time coming no tenor of letters of horning, executions and endorsements thereof not extant and produced judicially shall be admitted to be proven by witnesses in whatsoever action or cause pursued, or to be pursued, by the lieges of this realm before whatsoever judge or judges within the same, and that without prejudice of the aforesaid action depending between the said parties before the lords of council and decision thereof in state as it was left before the discharging of them of further proceeding therein, providing that the witnesses to be used and produced against the said David Home in the said cause be examined in presence of the whole lords of session.