[1594/4/38]¹

That caution be found in actions of ejection

Our sovereign lord, with advice of the estates of this present parliament, understanding the great disorder which has arisen and daily does arise among his highness's lieges where as persons wrongfully intruding themselves in the rooms and possessions of others by violence and force being altogether unresponsible themselves, maintains their possession thereof, and when they are challenged before the lords of the session or other judges ordinary by the party grieved, the persons, intruders of themselves in such possession, delays the matter by proposing peremptory exceptions which are not of verity, and delays upon the probation thereof; and after long plea, when as the party grieved has received decreet ordaining him to be repossessed to his room and profits thereof, his party being unresponsible altogether, gets no commodity thereof; for remedy of which, it is statute and ordained that in all time coming the party pursued by another for ejection shall find caution for the violent profits as in cause of removing the first diet of the litiscontestation, or otherwise decreet to be given ordaining the party to be repossessed.