April 1654: An Ordinance for erecting Courts Baron in Scotland.

April, 1654

[12 April, 1654.]

Courts Baron with powers; Not to hold Plea of matters above forty shillings.; Maner of holding the Courts.

Be it Declared, Established and Ordained by His Highness the Lord Protector, by and with the advice and consent of his Council, That in every place or circuit of Land which really is, or hath commonly been called, known or reputed to be a Manor, within the Nation of Scotland, there shall be one Court, which shall be in the nature of a Court Baron, or Court of a Manor here in England, to be holden every three weeks; which Court shall have power, order and jurisdiction of all contracts, debts, promises and trespasses whatosever, arising within the said Manor or precincts thereof; Provided that the matter in demand exceed not the value of forty shillings sterling, and that in any such action of trespass, the Freehold or Title of the Land be not drawn into question; And it is further Declared and Ordained, That every the said Court Baron shall be held in maner following, That is to say, the style of the Court shall be. The Court of A. B. held the day of one thousand six hundred by K. D. C. Sutors of the said Court and the Homage or Sutors to be named in the Entry, then after three O yes made, the Sutors, or their Clerk, or Steward shall say, If any will be Assoigned, or enter any Plaint, let them come in, and they shall be heard; then the Jury are to be impannelled and sworn, and then a short charge is to be given concerning the several matters and things to be done there, and after presentment and enquiry made, the Sutors shall proceed in the several matters presented, and give order and relief as the Case shall require, and make Execution by Attachment upon the goods of the party within that Manor.

Courts Baron may make By-laws.; and amerce.; Inheritance not to be impounded.

And it is hereby further Declared and Ordained, That the Sutors in every the said Court Baron may from time to time, as there shall be occasion, make By-laws for the publique Weal, Rule and Government of the persons within such Manor, and all and every such By-law shall be binding to every party within the Manor; And the said Sutors shall have power and authority to amerce such persons as infringe any of the said By-laws, and may give warrant to the Bayliff of the Manor to distrain for such amercement by attachment upon the goods of the party offending. Provided that such By-laws be not extended to binde the Inheritance of any person who is not party to the same, and agrees not thereunto.