Against wilful and malicious litigants

Item, our sovereign lord and three estates, understanding that the most part of the lieges of this realm are becoming wilful, obstinate and malicious litigants, so that they will not be content to pay and satisfy their creditors of such debts as they ought justly to them and do and fulfil all manner of lawful deeds whereunto they are specially obliged, without calling and compulsion of the law and extremity thereof, therefore statute and ordain that the party against whom decreet be given concerning liquid sums before the lords of session shall pay to the said lords 12d of every £1 appropriate to that which is recovered and obtained before them; and in all decreets consisting in fact, he who loses the lawsuit shall content and pay to the said lords the sum of £5 money and also the expenses of the party, obtainer of the decreet, at the modification of the judge; and ordain the same form and order to be observed herein as has been kept by the said lords in taking up of 40s off each decreet of before.

  1. NAS, PA2/13, f.94r. Back
  2. 'V.' written in margin. Back