The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1584/5/21]1
2Ane act anent the better executioun of decreittis
Oure soverane,3with avise and consent of his hienes thrie estatis of this present parliament, hes ratefiit and apprevit and, be the tennour heirof, ratefiis and apprevis the act and statute underwrittin, and decernis and declaris the same to have strenth, force and effect of ane act of parliament, of the quhilk the tennour followis:
At Edinburgh, the xxiij day of Marche the yeir of God jM vC fourscoir twa yeris, the quhilk day, in presence of the kingis majestie sittand in jugement and lordis of his hienes counsell and sessioun, comperit Maister David MacGill of Neisbit, and in his awin name, as advocat to his hienes, and in name of his majesties maist faithfull, humbill and obedient subjectis of his realme, exponit and declarit how it wes hevelie meanit be his majesties said subjectis that efter the tedious, chargeable and langsum persute in obtening of thair decreitis, the malice of personis had daylie sua increscit be making of simulat and fals assignationis of thair movable guidis, fraudfull and privat alienationis of thair possessionis, landis and heretageis that the executioun of the decreitis gevin be quhatsumevir jugeis within this, his hienes realme, althocht obtenit be maist langsum proces, wer altogidder frustrat, at leist sua delayit that parties wer in na better cace efter the obtening of thair saidis decretis, nor gif the samyn had not bene gevin, the saidis manifest fraudis and daylie inventit collusionis being the stay of justice, quhairof the principall pairt standis in executioun; for remede of the same, consideratioun being tane be his majestie, with avise of the lordis of his hienes counsell and sessioun, to quhome be his majesties maist noble progenitouris, King James the Fift of guid memorie, serectar of the college of justice, with consent of parliament, the concluding upoun rewllis, statutis and ordinancis for expeditioun of justice wes comittit, thairfoir, his hienes, with advise and consent foirsaid, hes statute and ordinit that for executioun of all decreitis, alsweill gevin be the saidis lordis in ony tyme bygane as to be gevin in tyme cumming, and siclike of decretis gevin or to be gevin be quhatsumevir jugeis within this, his majesties realme quhairunto the authoritie of the saidis lordis of sessioun hes bene or sall happin to be interponit, that lettres alsweill of horning as poinding, the ane not prejudiciall to the uther, salbe directit at the will and pleasir of the pertie obtenar of the decrete, quhidder the same be gevin upon liquidat sowmis, or that the executioun thairof utherwayis consist in facto, and that na suspensioun be grantit upoun the executioun of the saidis decreittis without reall offer be first maid to the pairtie in quhais favouris the executionis of the saidis decreittis is directit, and the pairties refuis sufficientlie verifiit to the saidis lordis, consignatioun alwayis being maid as use is; and that according to thair lait statute and ordinance, quhilk his majestie, with all utheris thair statutis and ordinancis maid for expeditioun and executioun of justice, ratefeit and apprevit, providing alwayis that consideratioun be had upoun the space and dayis of the chargeis, and that according to the distance of the defendaris duelling places and the quantitie of the sowmis contenit in the saidis decreittis.
- NAS, PA2/12, f.120v.
- Cross beside title.
- APS reads 'Oure soverane lord'.