AN ORDINANCE For Erecting Courts Baron in SCOTLAND.
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 Mannor, within the Nation of Scotland, there shall be one Court, which shall be in the Nature of a Court Baron, or Court of a Mannor here in England, to be holden every three weeks; which Court shall have power, order, and jurisdiction of all Contracts, debts, promises, and Trespasses, whatsoever arising within the said Mannor, 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 [Page 266] and Ordained, That every the said Court Baron shall be held in manner 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 Oyes made, the Sutors, or their Clerk, or Steward shall say, If any will be assdigned, or enter any plaint, let them come in and they shall be heard, then the Iury 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 Mannor.
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 Mannor, and all and every such by-law shall be binding to every party within the Mannor; 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 Mannor to distrein for such amertment by attachment upon the goods of the party offending. Provided that such by-laws be not extended to bind the Inheritance of any person who is not party to the same and agrees not thereunto.