1000000030

907

1!lov~ables'

already

(~IIC1)

uoder efcheat, witbout afpecial do fo 'at this day. AII

rignts

which fuhjtas may traor.

daufe for t!nt purpofe.

mit uy fimpleaflignation, the King tranfmlts by the pril'J,

, 19.

Tbe

r~bel,

if he continues unrelaxed for year ane! feal ; as g,fts of

moveabl~s,

or of cafualties thal require

day after rebellion, is conllrued to

civdly de.d : And

feifin . The quarter

f~al,

otherwife called the telli·

Iherefore. where be holds any feud;ú right, his fuperiors, monial of the great feal, is appended to gifts of lutory;

being without a v311'.I, are eotitld, each of them. to commiffions of l¡rieves ilruiog from the ch¡ncery, ,and

the rents 'of wch of lhe lands belonging 10 the rtbel lelIers of prefeotatioo to bnds holding of a fubjea, pro:

JI"

holds of-himfelf, during all the days o' the-rebel's na· ceeding llpon' forfeiture, ballardy, or

u/timut h"",.

lural

lif~,

' by

the caTu.l,y of LIFERE HT ESCHEAT;

26.

'Seals are to royal grants, what fubfcription is

except where .the

denun~iation

proceeds

u~on

m afon or rights denved from

fubj~as,

aod give them autbority ,

proper rebdlioo, io which cafe tbe liferenl fal)s to the Tbeyferve alfo as a eheck lO giflS procured

(fuhrtPlione

King.

1)(/

ohrrptione)

by coocealing lhe truth, or expreOing

20.,

i. that ef!ate ooly, to 'which the rebel has a falfehood; for, where tbis appears, the gir, alay be'

proper right of lifereot in his own perfon, that falls un· Ilopped before paffing the feJls, tbough the fignaturd

der

his lifereot efchear.

{hould have beeo figned by the King, AII righls pallin¡

21,

Though oeither ¡he

f~perior

nor his donatory under

th~

great or privy feal mu(l be regi(lercd in the re–

can

enter iot? ·poll'effion in coofequence of this cafull!y, gillm of

th~

gieal or privy feal

rifpdlivé,

before

ap–

till decree of declmtor; yel lhat decree. beiog truly peod,og lhe feal.

dcclmtory! ' hal

rerrofpea, and does not fo properly

~oofer

a oew righr, as.declare the right formerly con(li·

tuted to tbe ¡(uperior, by the civil dcath of his valfal.

Heoce, aU charten or

herita~le

bonds, though grantcd

'pri.?r to Ihe rebellioo, and all adjudicatións, though led

upoo debrs contraaed before that period, are inefr. é\ual

agaiof! the liferenr·efcheat,

llnlef~

feifin be uken thereon

within year aod ,day after the graoter's rcbellioo,

, '2,

Her~,

'as in fingle efchen, DO debt contraéted after

rebellion caD hur!

t~~

donatory, oor any voluntary right

graoted after

~hat

period, though io fecurity or fatisfac·

tioo of prior deblS.

. .

DIICLAMATIOH is thar cafual!y whereby a

vall'.1 forfeits his \IIhole feu to his fuperior: if he difówns

()( difclaims him withouI ground, as tOao)' pan of il.

PUlPU1TU RE

draws Iikewife a forfeiture of the whole

fe!! after il, and i, incurred by tbe vaffal's incroaching

u.pon any pan of his fuperior'! property, or attempting,

by building,. ioclofing, or otherwife, tO make il his own

ln bOlh th& fendal delinquencies, lhe Je.f! colour of

'cxcufe fa'es the valfal.

24 '

AII grants from the crown. whcó er charters,

t ifl! of cafualties, or Qthers, prueeed on fignatures whieh

pafs the fignet, Whcnthe

Kin~

refided in Scotland , all

/ignatures were fuperfcribed by h,m, but, on the accef·

/ion of Jamel Vi. to lhe crowa of England, a cachet ()(

. feal was made, having the King's name engraved on ir

iD purfuance of anaa of the Privy COllncil,

April

,1603,

:with

W~Jch

all fignaturcs werc to be afler\lldTOS ftaltd ,

thal tbe Lords of exchequer wae impowerrd to pars;

aod·lhefe powers

transferred

lheeourt of Exchc<i"er,

,which was efiablifhed iDScotbnd a(ter the union of,lhe

two kingdoms in 17°7, Granls of higher confeqoencc,

as remtl!ions of c,riJllts, gifts proeeeding upon forleiture,

and charters of

nw.dol/luJ,

lIlu(l have lhe King's fign.

manual for rheir w.rrant.

lands holding óftbe Crown were to he conoey '

ed, the charter parred. before the unionof lloe kin udoms

in 1707" by the great feal of Scntland; and

no\~

hy a

leal ¡¡'bfluuted in place thereof ' Grant' o(

chu rch· cli~ni.

tiel, during epifcopa9Y' pall'cd allo by the

~re.t f,~1

;

and lhe comm.rlions ro all the principal "ffieers of the

Cro'Un, as Jum" Clcrk, King's Advocate, !iolidlor,

1;,..

Tit.

13,

Of thalügbt w!¡i,b tbe Vlllal

ac~uím

getting Ibe Fell.

UNDER

the

tfo/JúniuflJ

u/ile

which the vall'al acquire,

by the feudal rigbr, is com¡rrehended the proper:y of

wbatever is confidered as part of me lands, whether of

houfes, 1V00ds, inclofures,

&t.

above ground; or of coal,

limellone, minerals,

&t,

under ground. Mills.have,

the genmlity of our lawyers, beeo deemed a feparate'

~enemenl.

and fo not carried by a charter or

dif~olitioo,

wilhout cither a fpecia!

c1auf~

conveying milis, or tbe

ereaion or the lands into a \r¡rony. Yet it is cenain.

that, if a proprietor builds

mili on bis olVn laods,

will

carried by his entail, orlry

retour, without meo–

tioning ít. althougb lhe lands are not ereaed ioto aba–

rooy. If the Iands difponedbe allriaed, or thirled toa–

nother mili, the purchafer i,s not allowed to·buile! a nelll

corn·mill

his property

even thouglr he {hould olfer

feeurity that it fhall not hort tire thirle; which is inlro–

du~~d

(or preventiog daily temptations'!o fraud.

Proprietors are prohibited to bo,ld dove-eot'e!, un–

lefs

tb.ir

yearl y rent, Iying within two miles tbmof;

extcnd to len chalders of v,aual.

purchaferof land!,

wilh

dove·cote, is not obliged tOpull it down, tbouglJ

hefhould not

qualified to build nne ; bllr, ifit becoma

ruinou!, he cannot rebuild it, l ;be right of brewing,

though not exprell'ed in lhe

gr.nt,

is implied in the na·

rure of pro?wy; a, are

alf~

the righrs of fifh ing, fowl–

ing, and hunting, in fo far as they are not renrained bJ

(ratutt ,

There are cenai'n rights nalurally confe quenl

propeny, which are deemed to be referved,by thecrown

ng./ia,

unlefs ¡hey be fpccially con,'eyed: Gold and

fil ver mines are of this fnrt : T he fi dl univerfdlly ;

~nd

¡heotber, where ¡hree half. pennicsoffih'er can'be extrae·

.!cd from tbe pound o( IeAd, by aa

4'4, (three hall'·

p~nni~s

at that time

WIS

"qual tOabollt tIVO lhillings1ive

penni.sof our prefelll SCOts money.) Thcfe \Vereby our

ancient

I~w

anncxed tO rhe CrO'Nn; but theyare no... diC·

folvcd froOl ir ; and cvery propril!tor is inmled toa

gr~ot

of Ihnnines lVilhil) Iois O\l'n hnds, with the burdenoí'

delire.in

;; to rhc crolVn a tenth of whal Ihall be brought u'p.

~ ,

Sal.uan.-