[1612/10/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this parliament, understanding and being credibly informed of the clandestine intromission and spuilzie of certain gold, silver and plenishing committed by the late Robert Logan, sometime of Restalrig, against the late William Nisbet of Newtonleys, under silence of night, out of the said William's dwelling house in the month of December 1593, to the value of 3,000 merks Scots or thereby, whereupon the said William recovered decreet before the lords of council [...] July 1607, against the executors of the said late Robert, and that the said action of spuilzie was not nor could not be intended in due time within three years after committing thereof, in respect the said clandestine deed and fact came not to their knowledge nor light who had committed the same, but immediately before the intending of the said action, and it was never the meaning of the act of parliament made regarding prescription in causes of spuilzie, nor yet the mind of his majesty and of his three estates that the committers of such clandestine facts and deeds should possess the benefit of the said act of prescription; therefore his highness and estates ratify and approve the foresaid decreet of spuilzie with all arrestments, decreets and execution that has followed and to follow thereon, ordaining the same decreets to stand in the own strength, force and effect, notwithstanding of the said act of prescription and that the foresaid action was not pursued within three years after committing thereof, and notwithstanding the doom of forfeiture led thereafter against the said laird of Restalrig, concerning which his majesty and whole body of this parliament has dispensed and dispense for ever; and ordain the same decreets never to be quarrelled nor impugned by virtue of the said act of prescription, and that this present act be completed in the present parliament in the favour of the heirs and executors of the said late William Nisbet, and that [Sir Alexander Hay of Whitburgh], his highness's clerk register, and his deputes extend an act of parliament hereupon in due form.