IN THE PARLIAMENT HALDIN AT EDINburgh, the aucht day of Iunii, 1594. Thir Lawis, Statutis and Constitutions, maid and concludit, be the richt excellent, richt heich and michtie Prince, IAMES the SEXT, be the grace of God King of SCOTTIS, with avise of his estatis as followis.
EDINBVRGH Printed by Robert Waldegraue Printer to the Kingis Majestie. 1594.
Cum Priuilegio Regali.
IN THE PARLIAMENT HALDIN AT EDINBVRGH THE AVCHT day of Iunii, 1594. Thir Lawis, statutis and constitutionis, ar maid and concludit, be the richt excellent, richt heich and michtie Prince IAMES the sext, be the grace of God, King of SCOTTIS, with auise of his Estaitis as followis.
CAP. I
Aganis wilfull heiraris of Messe.
OVR SOVERANE LORD, with auise of his Estaitis of Parliament, Statutis and ordanis, that in all time cumming, all wilfull heiraris of Messe and conceilaris of the same be execute to the death, and thair gudis and geir escheitit to his Hienes vse, sa soone as thay sall be found gyltie and convict thairof, or declarit fugitiue for the same, befoir the Iustice generall or his deputes, or the Lords of his Maiesties priuie Counsell.
CAP. II.
Anent satisfaction to the Kirk be Papists.
OVR Souerane Lorde, with auise of his Estaitis in this present parliament, Ordanis all Presbytereis within this Realme, To caus lauchfully summond and chairge quhatsumeuer personis, Papistis, or suspectit of papistrie within the boundis of their presbyteries, personally, or at thair dwelling places, To compeir befoir the saidis Presbytereis and satisfie the Kirk and Presbyterie, quhair thay remaine and makis residence, betuix and the first day of August nixtocum, And incaice of thair not compeirance, or compeiring, sall refuse to gif obedience and [Page]make satisfaction as saidis, betuix and the said day, His Hienes with auise of his Estaitis foirsaidis, Ordanis signification thairof, to be maid be the Presbiterie to his Hienes priuie counsell. And vpon the said signification, the priuie counsell to direct letteris, chargeing the saidis personis, Papistis, or suspectit of papistrie, To compeir befoir thame, and produce sufficient testimoniall of the Presbiterie quhair thay remane, of thair satisfaction as said is, vnder the pane of rebellion, and putting of thame to the horne. And gif thay failȝie to denunce thame thairto: Be the quhilk denunciation, our said Souerane Lord and Estaitis foirsaidis, declaris, that not only thair moueable gudis, sall fall in escheit and be confiscat to his Hienes vse, bot the lyferent of quhatsumeuer thair Landis, rowmis, possessionis, and vtheris belanging vnto thame, sal appertaine to his Hienes as escheit: To be intromettit with, and disponit vpon as he thinkis gude. And in like manner declaris, That quhatsumeuer person or personis sall resset, supplie, or interteny the saidis Papists, efter the intimation of thair dissobedience and denunciation as saidis, sal incurre the same penaltie of tinfall of thair gudes, geir, and lyfrent: And to the effect that the premisses may be the better accomplissit▪ His Hienes and Estaitis foirsaidis declairis: that in cace the saidis Presbiteries beis found remisse or negligent, in citation of the saidis personis befoir thame: to the effect aboue written. The Ministeris of the said Presbiterie, or any ane persone of the ministerie thairof, in quhome the fault salbe tryit: Sall amitt and tyne the ane halfe of thair benefice or stipend that ȝiere: And the collectour and his depute, sal vplift the samin, to be disponit be the aduise of the Lordis modifearis of the Ministeris stipend to the help, supplie, and interteynement of vther Ministers, as yet not prouidit to sufficient stipendis.
CAP. III.
Aganis erectionis efter the annexation.
OVR Souerane Lord, with auise of his Estaitis in Parliament, retreitis, rescindis, and declaris al erection grantit and ratifyit sen the Act of Parliament, maid in the ȝeir of God, ane thousand fiue hundreth fourscoir seuen ȝeires, anent the annexation of the temporalities to the crowne (quhilkis ar not speciallie excepted in the said act from the said annexation) to be nul and of nane avail force nor effect.
CAP. IIII.
For prouision of common Kirkis.
OVR Souerane Lord his Estaitis in this present Parliament, decernis, and declaris al common kirkis to be of the same nature of vther personages and vicarages: And ordanis the same common Kirkis to bee conferrit be presentation of the lauchfull patrone, and sufficient collation to Ministers seruing thairat, seing thay ar benefices of cure.
CAP. V.
Anent escheitis and lyferentis of excommunicat personis.
FOR samekle as thair is diuers personis denuncit rebells, quha being suspectit of papistrie of befoire, and fearing the sentence of excommunication to haue followit aganis thame, hes procurit the gifts of thair escheitis and lyferentis, disponit be our souerane Lord to thair bairnis or vtheris coniunct personis, vpon horningis execute aganis thame for ciuill causses. And neuertheles hes retenit the possession of thair haill gudis, geir, landis, possessionis, as gif thay had remanit his hienes faithfull and obedient subiects, quhilk hes geuin thame occasion to continew in thair rebellion, as alswa in thair superstitious opinion of papistrie, and remaning vnder the said sentence of excommunication in manifest contempt of God his true religion, and lawes of this Realme: for the repressing of quhilks contempt and remeid thairof. OVR said Souerane Lord, with auise of the Estaitis in this present parliament, decernis & declaris al and quhatsumeuer giftis of escheitis and lyfrentis, grantit to the saidis bairnis and coniunct personis of ony of the foirnamit personis denuncit rebels and put to the horne for quhatsumeuer caus (quha being suspectit of papistrie of befoir, hes sufferit the sentence of excommunication to pas aganis thame. And quhais gudis, geir, lands and possessionis may be verefeit to haue remanit in thair awin possessions, as gif thay had remainit faithfull and obedient subiectis) to haue bene fra the beginning, and to be in all time comming, null and of nane auaile, with all that hes followit or may followe thairupon. Notwithstanding, quhatsumeuer decreitis or declaratours gevin and past in fauour of the saidis rebellis, thair bairnis or coniunct personis, and the richt of the said escheit, geir, and lyfrentis, [Page]to haif pertenit and to pertene to our said Souerane Lord, and to be at his gift and disposition, als frelie as gif the saidis pretendit gifts and dispositionis thairof, had neuer bene grantit nor disponit to thair saidis bairnis and coniunct personis, and as declaratout had not past thairupon.
CAP. VI.
For the better obseruing of the Sabboth day.
ITEM, our Souerane Lord, and Estaitis of this present Parliament, ratefeis and appreuis, the actis maid be his Hienes of befoir, anent the dischargeing of halding of mercattis vpon the Sabboth day with this addition. That quhasoeuer prophanis the Sabboth day, be selling or presenting and offering to be sauld vpon the saide day, ony gudis, or gier, or quhatsumeuer vther merchandise be thameselfis or any vther in thair name, and beis thre seuerall times lauchfullie conuict thairof, ather befoir the Prouest and Baillies within burgh, quhair the prophanation sall happin to be committit, or befoir certane commissioneris, and Justices in euery Presbytery, to be appointit be the Kingis maiestie, with auise of his priuie Counsell, Thair haill gudis and geir salbe escheitit to his Maiesties vse, and thair personis punissit at the will of his Maiestie, with auise of his secreit Counsell.
CAP. VII.
For releif of thame, quhais landis ar or sall be designit for Mansis and Gleibis to Ministeris.
OVR Souerane Lord and Estaitis of this present Parliament, vnderstanding that there ar sundrie fewaris and possessors, hauing Kirklandis neir adiacent to the Kirk, quhair thair hes bene na mansis nor gleib of auld, nor ȝit designit of new, And considdering, that it wer baith aganis resson and gude conscience, that thair suld be ane gleib designit onely of the saidis Kirklandis, that pertenis to ane Fewar and possessor, and not of the rest, and specially quhair the haill Lands within the Parochin or ane grit part of the saidis lands, ar alyke haldin of the kirk, and payis the lyke dewtie. THAIRFOIR, to the effect, that the Ministers may be the better answerit of thair mansis and gleibis in [Page]tyme cumming, and enter thairto but ony trouble or contention, Conforme to the former Act of Parliament, maid anent Mansis and Gleibis of the Ministers▪ Statutis and ordanis, that quhair designation of Mansis and Gleibis beis maid and tane of Kirkland, (the haill Parrochin, or ane greit part thairof being Kirkland, And the Minister notwithstanding designit to the Kirkland maist ewest and adiacent to the Kirk) That the fewars, possessors & takkismen, out of quhais lands, the mansis or gleibis ar designit, sal haif thair releif of the remanent parrochineris, quha ar fewaris, possessors, and takkismen of Kirklands lyand within the said Parrochin pro rata.
CAP. VIII.
Anent setting of takkis without consent of the Patrone.
OVR Souerane Lord, with auise, of his Estaitis in this present Parliament, findis and declaris, That na beneficit man vnder a Prelate, within this Realme may in time cumming, Set langer takkis of teyndis or vtheris pertinentis of thair benefices, without the consent of thair Patronis, bot for the space of thre ȝeiris allanerly.
CAP. IX.
Annulling of Actis of Parliament maid in fauour of Vassellis of personis foirfaltit.
OVR Souerane Lord, and Estaitis of this present Parliament, cassis, annullis, and abrogattis the Act of Parliament, maid at Edinburg the first day of Junii. The ȝeir of God, a thousand fine hundreth foure score twelue ȝeiris, In fauour of the Vassellis of the personis foirfaltit, And decernis and declaris the said Act to haif na strenth, force, nor effect, And to be deleit furth of the buikis of Parliament.
CAP. XI.
Anent fraud full dispositionis maid be personis foirfaltit.
OVR Souerane Lord, and Estaitis of this present Parliament, vnderstanding that diuers personis, quha hes committit the crime of tresson and Lesemaiestie, In defraud of his Hienes, and his donatours, hes maid diuers Bandis, obligationis, letteris of takkis, assignationis, giftis of pensionis, letteris of factorie, and diuers other giftis and dispositions, as gif the same had bene maid and grantit be thame befoir the cryme of tresson attemptit be the saidis personis foirfaltit. FOR remeid quhair of, it is statute and ordanit, that na letteris of pension, factory, bandis, obligationis or assignationis, maid or grantit be ony person foirfaltit salbe valide, effectuall, sufficient, nor gif ony action without the samin be ather lauchfully contermit be his Maiestie, or authorizit be ane decreit of an ordinair Judge, obtenit befoir the saidis personis foirfaltit wer first summonit, and challengit for the crymes of tresson, for the quhilkis thay wer foirfaltit. Notwithstanding quhatsummeuer confirmation or decreit obtenit, and following thairupon sen thair said first citation, vpon the crymes of tresson laid to thair charge. And in speciall, our Souerane Lord, with auise of his Estaitis in this present Parliament, statutis, decernis and declairis, quhatsumeuer contract, alienation, or disposition of landis, gudis, and geir ony wyse maide be William sumtime Erll of Angus, George sumtime Erll of Huntlie, Frances sumtime Erll of Erroll, and Sir Patrik Gordoun, sumtime of Auchindoun, personis foirfaltit in this present Parliament, in preiudice of his Hienes & his donatours sen the saidis personis foirfaltit were first summonit, to heare and sie thame foirfaltit To be null and of nane auail, force nor effect with all that hes followit or may follow thairupon.
CAP. XII.
Ratification of the Actis maid for annexation of the propirtie and annulling of dispositionis maid in Princes minorities.
OVR Souerane Lord, and Estaitis of this present Parliament, Ratefeis and appreuis the Actis of Parliament, maid be King IAMES the secund, and king IAMES the fyft, intitulat, Anent the annexation of Landis to the Croune. And specially, the Act maid be the said King IAMES the secund vpon the fourth day of August, a thousand foure hundreth fyftie fiue ȝeiris. And als ane vther Act, maid be the saide King IAMES the fyft, vpon the thrid day of December, The ȝeir of God, a thousand fiue hundreth and fourty ȝeiris, and haill points, articles and clausses specifyit thairin. And all vtheris Actis maid be ony our Souerane Lordis predecessouris, concerning the keiping of the annexit propertie to remane with the Croune. And further, our said Souerane Lord, with auise of his Estaitis in Parliament, declaris, That all personis quha hes vpliftit, ressauit, and intromettit with, or sal heirefter intromet with, at his Hienes special command, ony of the Kings annexit propertie, be vertue of the saidis Actis of Parliament, Sall incurre na daunger of eiection, spuilȝie, or wrangous intromission, And declaris, that thay sall be quyte and free thairof, and all action that may followe thairupon. And siclike, our Souerane Lord and Estaitis in this present parliament, findis, decernis, and declaris the Act of dissolution, maid be our Souerane Lord in his Hienes, minoritie, In the Parliament haldin at Edinburgh, in the ȝeir of God, a thousand fiue hundreth fourescoir foure, and all vtheris Actis of dissolution maid be his Hienes, or his saidis predecessouris in thair minorities, althocht 01 the samin Actis and infeftmentis following thairupon, be ratefeit in Parliament in thair maioritie, To be null and of nane auaill, force nor effect, with all that hes followit or may followe thairupon.
CAP. XII.
Generall dissolution of the propertie.
OVR Souerane Lord, with auise of his Estaitis in this present Parliament, Statutis and ordanis, That it sall be leisum to his Hienes, to set all his auld proper landis, batth annexit and vnannexit in fewferme, Swa that it be nocht in diminution of his Rentale, gerssumes, or vther dewties, Bot in augmentation of the samin, with sic clausses and conditionis, as he thinkis expedient to the effect foirsaid. And that the landis that he settis in his tyme, stand perpetually to the airis efter the forme [Page]of thair condition, And that this dissolution indure for the lyftime of the King our Souerane Lord, that nowe is allanerly, Swa that the Landis quhilkis he settis in his tyme with the conditionis foirsaidis sall stand perpetually. And efter his deceis the annexationis maid of before to returne agane to the awin nature. Swa that his successors sall not haue power, to annalie nor set in few, mair nor thay had befoir the making of this statute. Prouiding, that this statute sall not extend to the setting in fewferme of ony of our Souerane Lordis castellis palices, ȝairdis, woodis, parkis, forrestis, pastures for scheip and nolt, and in speciall, the lowmoundis of Falkland, coilheuchis, and offices. Bot the same to remane inseperablie annexit to the croune, notwithstanding this present dissolution. And our Souerane Lord and his Estaits foirsaidis, decernis and declaris, that this present dissolution, is and sall be only to this effect, that the saidis annext landis salbe set in few, to the auncient and kindly tenents, possessors and occupyars of the ground, quha wer infeft be our Souerane Lord and his predecessors of befoir, and to al vtheris personis, quhilk hes heretable infeftinent of fewferme, grantit to thame be our Souerane Lord, or ony of his predecessoris, thay seikand thair infeftmentis of fewferme, and payand thair compositionis thairfoir, to be modefeit be his Hienes comptrollare, with auise of Iohn, Lord of Thirlstane Chancellare, Iohn Erll of Mar, Lord Erskin, Iohn Erll of Montrosse, Lord Grahame, Alexander Lord Leuingstoun, Robert Lord Seytoun, Mark Lord of Newbottle Maister of requestes, M. Thomas Lyoun of Balenly Thesaurare, Sir Iohn Cokburne of Ormistoun Knicht Justice Clerk, Walter Commendator of Blantyre, keipar of the priuie seall, M. Robert Dowglas Prouest of Linclouden Collector generall, Sir Iohn Carmichaell of that ilk Knicht, M. David Carnegy of Culluthie, Alexander Hay of Eister Kennet clerk of Register, Alexander Hume of Northberwik Maines Prouest of Edinburgh, or ony seuin of thame. The said Comptroller alwaies being ane betuix and the first day of August, the ȝeir of God, an thousand fiue hundreth fourescore fyftene ȝeiris. Utherwaies, that it be lawfull to his Maiestie, to set the saidis annext Landis now dissoluit to quhatsumeuer persons his Hienes thinkis expedient. Alwayis on condition of augmentation of his Hienes rentale as said is. And alswa ordanis, this present Act of dissolution, to be extendit in fauour of the Queenis Maiestie, to haue sic richts and infeftments of quhatsumeuer Landis pertening to hir as shee had of before.
CAP. XIII.
Anent lesing makers and authouris of slaunders.
OVR Souerane Lorde, with auise of his Estatis in this present parliament ratefeis, appreuis, and for his Hienes and his successors perpetually confirmis the Act maid be his nobill Progenitors, King IAMES the first of worthy memory, Aganis Lesing makeris. The Act maid be King IAMES the secund intitulat, Aganis Lesing makeris, and tellaris of thame. The Act maid be King IAMES the fyft, tutitular Of lesing makeris. And the Act maid be his Hienes selfe, with auise of his Estaitis in Parliament, vpon the twentie twa day of Maij, the ȝeir of God, a thousand fiue hundreth fourscore foure ȝeiris, intitulat, For punisment of the authouris of slaunders and vntrew calumnies aganis the Kingis Majestie, his Counsell, and proceidings, To the disdishonour and prejudice of his Hienes, his Parentis, Progenitouris, Croune and Estait. As lykwise, the Act of his Hienes Parliament, haldin at Linlithgow, vpon the tent day of December, the ȝeir of God, ane thousand fiue hundreth fourescore fiue ȝeiris, intitulat, Aganis the Authouris of slaunderous speichis or writtis. And statutis and ordanis all the saidis Actis to be publist of new, and to be put in execution in tyme cumming with this addition. That quha euer heiris the saidis lesings, calumnies, or slanderous speichis, or writtis to be maid, and apprehendis not the authours thairof gif it ly in his power, or reueilis not the same to his Hienes, Or to ane of his priuie Counsall, Or to the Shireff, Stewart, or Baillie of the shyre, stewartrie, or baillerie, in regalitie or ryaltie. Or to the Prouest, or ane of the Baillies within Burgh be quhome the same may cum to the knawledge of his Hienes or his said priuie Counsall, quhairthrow the said lesing makers, and authours of slanderous speichis may be callit, tryit, & punissit according to the saidis acts. The hearer & not apprehendare, & (gif it ly in his power) conceilar & not reueilar of the saidis lesing makers, and authours of the saidis slanderous speichis or writtis, Sall incurre the lyke pane and punisment, as the principall offendour.
CAP. XIIII.
Anent payment of the dewtie of the wynis.
IT is statute and ordanit be our Soucrane Lord and Estatis of this present Parliament, That the dewtie grantit be the Estaitis to his Matestie upon the Wynes, be thankfully payit to his Maiesteis Collectour in all tyme cumming, within the space of ten Dayis nixt ester thair arryuing within this Cuntry. And to this effect, ordanis the Prouest and Baillies of ilk Burgh, within quhais boundis and iurisdiction ony wynes sall arryue in time cumming, To take sufficient caution and souerty of the Merchandis, Mariners, and vtheris hamebringaris of the saidis wynes, That thay sall thankfully pay the saide dewtie grantit to our Souerane Lord thairof, within the space foirsaid, to his Hienes Collectouris appointit for ingaddering thairof. And heirupon ordanis letteris to be direct gif neid beis, baith to chairge the saidis Prouest and Baillies, to tak the said caution, As also, ather to chairge the caution, or then the hamebringaris at the plesure of the Collectour, To make payment of the said dewtie to his Hienes, within the said ten Dayis nixt ester thair arryuing within this Realme, vnder the pane of Rebellion. And gif thay failȝie thairin, the saidis ten dayis being bypast, To denunce thame rebells, and put thame to the horne, And that thay be not relaxt thairfra, vnto the tyme thay pay the double of the said dewtie, to the collectour for thair contemption.
CAP. XV.
Annulling of pensionis furth of the erectionis sen the annexation.
OVR Souerane Lord with auise of his Estaitis in this present Parliament, hes vnite, annexit, and incorporat, and be the tennor of this present act vnitis, annexis, and incorporatis, in his Hienes patrimony and to his Croune. To remane thairwith inseparablie in al tyme cumming, all and sundry the few males and blenche dewties of all Landis, Lordschippis, and Baronies, quhilkis pertenit of auld to quhatsumeuer benefice within this Realme, and haue bene erectit in temporall leuingis befoir, or sen the Act of annexation maid in Julii, a thousand fiue hundreth fourescore seuin ȝeiris. And thairfoir, haue cassit and annullit, and be the tennor heirof cassis and annullis al and quhatsumeuer pensionis, and vther dispositionis, maid be his Maiestie [Page]heirtofoir sen the said Act of Annexation, To quhatsumeuer person or personis of ony part or pertinent thairof, or of ony temporalities of vacand benefices fallin in his Hienes hands at ony time, sen the said Act of annexation, and that be esteimit in al time cumming null, and of nane auaill, notwithstanding quhatsumeuer confirmation or grant thairof in Parliament, or vtherwaies.
CAP. XVI.
Anent souerties for Officiaris of armes.
ITEM, becaus that the souerties of all officiaris of Armes, admittit be Lyoun king of Armes, ar sund to him and his Clerk. IT is thairfoir statute and ordanit, That thay be chairgit twyse in the ȝeir, to produce thair buiks of souerties, To the effect our Souerane Lord and his Thesaurare be nocht defraudit of the half of the penalties, for the depryuit Officiaris, and this to be vsit to the Thesaurare, in sic sort as the shireff Clerkis, ar ordanit to produce thair horningis, to the effect that execution may follow thairupon. And the Thesaurare to be chairgit with his recept, of the foirsaids penalties in his comptis. And further, ordanis all the saidis Officiaris, that hes not found sufficient caution for dewe administration in thair office, or quhais cautioneris ar deceiss [...]t, or ar not sufficient to find caution of new, betuix and the first day of August nixtocum, vtherwise, the not finding of the said caution, is presently declarit to be caus of thair depriuation. Quhilk depriuation sall be immediatly publissit at the mercat croces of the shiresdomes, quhair the saidis Officiaris remanis, and al thair executions, fra thence furth to be vnautentik and null.
CAP. XVII
For try all of the treuth of acquitances, in suspensionis.
OVR Souerane Lord, with auise of his Estaitis in this present Parliament, vnderstanding that in times bygane, his Hienes, and his Thesaurare hes bene gret tumlte preiudgit anent the escheitis of sic personis as hes bene orderly denuncit Rebells and put to the horne, and that throw collusion of parties, Efter thair lauchfull denunciation, the escheits being cum in his hienes hands aggreis with the parties, at quhais instance thay ar denuncit and intendis reduction a ganis the partie, the kings Thesaurare and [Page]Aduocat, for annulling of the proces of horning, and denunciation led aganis thame, and obteinis decreit thairintill, be production of antedaittit discharges and acquittances, as gif the soumes, or causse thay wer chargit for, had bene payit, done, and fulfillit, lang befoir the denunciation. FOR remeid quhairof, It is statute and ordanit, that quhensoeuer ony partie grounds thair resonis of suspension or reduction, for annulling of horningis, vpō payment or satisfaction maid befoir the denunciation, and products acquittances or dischairgis thairupon, The producer thairof, fall be haldin in presence of the Lordis, to mak faith solemnitly sworne, That the acquittances and discharges producit ar trew in thame selfis, maid and subscryuit, of the samin dait, as thay wer producit, vtherwaies, the vsaris of the saids acquittances not to be hard, to ground ony resons of suspensions, for annulling of hornings vpon sic acquittances and dischairges, nor to vse the same, aganis his Hienes and his Thesaurare.
CAP. XVIII.
Anent haning of the Kingis Parkis and Forrestis, and incres of wyldefoull and vennison.
OVR Souerane Lord, and his Estaits in this present Parliament, foirseing that his haill Woods, forrests, parks, hanyngis, Da, Ra, harts, hynds, fallow deir, phesane, foullis and vtheris wyld bestis within the same, ar grettumly distroyit, and daily decressis, be resson the Actis and statutis, quhilk ar set doune aganis the destroyeris of the saidis woods, forests, parks, hanyngis, and uayeris of the saidis wyld bestis hes not bene put to execution. Swa that all men hes tane libertie to destroy and stay at thair awin appetites. For remeid quhairof and better intertenement of his Hienes royall pastime in time cumming. It is statute and ordanit, that quhatsumeuer person or personis at ony tyme heirefter, Sall happin to cut ony timmer or grenewood within his Hienes woods or parks, Or fall happin to slay Deir, hairts, phesans, foullis, pertricks, or vther wildfoull quhatsumeuer, ather with gun, cors-bow, hand-bow, doggis, halkis, or girnis, or be vther ingyne quhatsumeuer, within the same, Or that beis found schuting with ony gun thairin, without speciall licence and tollerance of his Maiestie had and obteinit thairto, Or that stayis ony of his Hienes Deir, strayand in time of stormes to barne ȝairds, or vther pairtis maist ewest seikand thair [Page]fude, Or beis foundand tryit til haif schot with hagbut in the winter nicht, within ony of the foirsaidis woodis or parkis, or within the space of ane myle thairabout, quhether thay be apprehendit slayand the Deir or not. That thair haill gudis, and geir sall be escheit and inbrocht to his Hienes vse, and thair personis punissit at his Hienes wil, And this to be an ordinair point of dittay, & the offendour to be criminallie accusit heiron, in al times heirefter, And also, It is statute and ordanit, That gif ony person or persons, sal happin to put ony of thair gudis within the saidis woods, forests, parkis or hanings, the same sall be confiscat and escheitit, And that it fall be leisum to the keiparis, to intromet thairwith at thair awin handis, but ony further processe of Law, And thay to be free of al daunger and action, that in ony wyse may followe and ensew thairupon, the ane halfe to be employit to our said Souerane Lordis vse, and the vther half to the Fosteris and keiparis. And lykewise, It is statute and ordanit, that no person nor personis sall hunt nor halk, within the boundis of sex myles to ony of his Hienes woods, parks, castells, and pallices. And in cais ony do, in the contrair, that ilk person contrauening, sall pay the soume of an hundreth pounds money, the ane half thairof to the dilatouris of thame, and the vther half to his Hienes vse. And als, quhatsumeuer person sal be deprehendit, or tryit til haue slane hartis or ony kind of wyld foullis in snaw, or ony vther time with gunnes or girnis, or ȝit beis found to haue schot at duke, drake, or hair, or vther wyldefoull with ane hagbut, within ony part of this Realme, that thay sall be subiect to the foirsaid penaltie of ane hundreth poundis. And incais thay or ony of thame beis not responsall, to be punissit in thair personis at his Hienes will and pleasour.
CAP. XIX.
Anent the Priuilegis of the college of Iustice.
OVR Souerane Lord with avise of his Estaitis its Parliament, Ratifeis, appreuis and confermis, all and quhatsumeuer priuilegis, liberties, and immunities, grantit of befoir be his Maiestie, and his maist noble Progenitouris, to the Chancelare and haill Senatouris, baith spirituall and temporall, and members of the College of Justice, for maintenance of thame in thair personis, honouris, and dignities, And for bruiking of thair Landis, rents, benefices and pensions, in sic forme as is contenit in the first erection of the said College, And as thay and thair predecessors hes bruikit and possessit sensyne, conforme to the ratification [Page]thairof in Parliament, or in any vther Actis, Lawes, or statutis, maid be his Maiestie, or his predecessoris, in fauouris of the said College, Senatouris, and memberis thairof in al points. Notwithstanding quhatsumeuer Acts, or constitutions that may appeare to derogate the same.
CAP. XX.
Anent the declyning of the Senatours of the College of Iustice, quha ar Father, brother, or sonne to the parties.
OVR Souerane Lord, with ansse of this Estatis in this present Parliament, statutis and ordanis, That na senatouris of the College of Justice, ordinare or extraordinare, sall sit, or vote in ony action or caus intendit, or to be intendit before thame, quhair the parties persewer or defender, is ather thair Father, brother, or sone, Swa that the Father sal in na wise be Judge in the sonis caus, the sone in the fathers caus, nor the brother in the brothers, bot be declynit thairin.
CAP. XXI.
Anent the beginning of the haruest vacance.
OVR Souerane Lord, with auise of the Estatis of the Parliament, considering the greit skaith that the Leigis sustenis, throw siting of the Session, efter the first day of August, haruest being in mony partis of the cuntrie, alredy then begun. And understanding that the Lords of Session, ar content during the haill sommer Session, to enter in the Tolbuith, & call matters dayly at aucht houris, quhair as thair ordinar dyet, wes not quhill nyne, Thairfoir statutis and ordanis, That the haruest vacance sall begin the first day of August, and the Session to sit bot the last day of Julii inclusiue,
CAP. XXII.
❀ That nane sall be compellit to produce procuratories or instruments of resignation, precepts of clare constat, or vther precepts of sesing of Landis or annualrents, possessit be thame befoir the space of fourtie ȝeiris.
OVR Souerane Lord, and Estaitis of this present Parliament, understanding that sundrie of his Hienes Leigis, ar heretablie infeft in diuers lands, and annualrentis within this Realm, Lyk as thair predecessoris & authouris, fra quhome thair richts thairof proceidis, hes bene heretablie infeft in the samin Landis and annualrentis, And be vertew of thair seuerall infeftmentis, and lyfrentis thairin reseruit, thay and thair predecessouris and authouris, hes bruikit the foirsaidis landis and annualrents be the space of fourtie ȝeiris togither, Notwithstanding quhairof, the saidis infeftmentis maid and grantit to thame and thair predecessouris and authouris, ar sundrie tymes drawin in question, for laik and want of procuratories of resignation, instruments of resignation, precepts of clare constat, or vtheris precepts of seasing, quhilkis ar not extant to be produceit, and vsit, im respect that the samin ar tynt and amittit, partly beiniquitie of time, partlie be perisching of prothogollis and scrollis of notaris, partly for non deliuering of the samin, be the personis, sellaris, and disponeris thairof, pairtly becaus the euidentis of comprysit Landis vsis to be abstractit and withaldin vpon malice of pairties, and pairtly, as euidentis not thocht necessair to haue bene keipit, efter sa lang tyme. Be reasone, that the charteris makis mention of the procuratories and instrumentis of resignations, and instruments of seasing makis mention of the precepts of seasing, quhairupon the samin proceidis, For remeid quhairof, OVR said Souerane Lord, with auise of the saidis Estaitis, and haill body of this present Parliament, Findis, decernis, and declaris, that nane of his Hienes Leigis, may be compellit, efter the space of fourtie ȝeiris, to produce procuratories or instrumentis of resignation, precepts of clare constat, or vtheris preceptis of seasing of landis, or annualrentis quhair of the present heretable possessoris and thair predecessouris, and authouris, and vtheris personis be vertew of lyferentis reseruit in the saidis infeftmentis, ar, and wes in possession be the space of fourtie ȝeiris togither, And that the wanting and inlaik thairof, nor nane of thame, sal bena caus of reduction of the infeftments grantit to the proprietarts, or thair predecessoris or [Page]authoris of the landis or annualrents, quhairof the charter or charters, (makand mention of the resignation or resignations to haue bene maid, and the instruments of seasing, makand mention of the preceptis of seasing, be vertew quhairof, the seasings wer giuen) ar extant. And willis, statutis, and ordanis, that this Act sall be extendit, to all procuratories and instrumentis of resignation, precepts of clare constat or vtherts preceptis of seasings, The wanting and inlaik quhairof, nornane of thame, sall be na cause of reduction, nor vther quarrell quhatsumeuer, efter the space of fourtie ȝeiris, quhair infeftmentis hes tane effect be possession, be the said space of fourtie ȝeiris, in manner aboue reheirsit, And quhair the chartours and instruments of seasing are extant, as saidis.
CAP. XXIII.
Ratificationis in this Parliament to be Saluo iure cuiuslibet.
OVR Souerane Lord, and Estaitis of this present Parliament, decernis and declaris, that na ratification grantit in fauour of partcular parties in this present Parliament, sall be hurtfull or preiudiciall to ony of the Leigis of the Realme, not hard nor specially callit thairto, Bot all the saidis ratifications sall be vnderstand and interpreit, Saluo jure cujuslibet.
CAP. XXIIII.
Anent the bying of Landis and possessionis dependand in pley be Iudgeis or memberis of Courtis.
OVR Souerane Lord, and Estaitis of this present Parliament, Statutis and ordanis that in tyme cumming, it sall not be leisum to ony Lordis of the Session, ordinair or extraordinair, Aduocattis, Clerkis, Writtaris, thair seruandis, or ony vther member of the College of Justice, or ony inferiour iugements within this Realme, thair Deputes, Clerks, or Aduocattis, directly or indirectly be thameselfis, or ony vtheris [Page]in thair names, to thair behuif or vtilitie, To bye ony landis, teyndis, rowmes or possessions, quhilkis ar dependand in contrauersie or question, betuix ony parties, or hes bene dependand, and not as ȝit decydit, Quhilk gif thay or ony of thame do, and contrauenis the premissis, The saidis Lords of Session, Aduocattis, Clerkis, Writtaris, thair seruandis, or ony vther member of the College of Justice, or ony inferiour iugementis within this Realme, thair Deputes, Clerkis, and Aduocattis, sal amit and tyne thair office, place, and all priuilegis and immunities bruikit, or that may be bruikit be thame, be vertew thairof.
CAP. XXV.
That caution be found in actionis of ejection.
OVR Souerane Lord, with avise of the Estatis of this present Parliament vnderstanding the greit disordour, quhilk hes arysen and daily dois aryse amangis his Hienes Leigis, quhair as personis wrangouslie intrusing thame selfis, in the rowmes & possessionis of vtheris be bangstrie and force, being altogither vnresponsall thame selfis, mantenis thair possession thairof, And quhen thay ar challengit befoir the Lordis of the session, or vther Judgeis ordinair, be the partie greiuit, The personis intrusaris of thame selfis in sic postionis quhilkis ar not of veritie, and Delayis upon the probation thairof, And efter lang pley, quhen as the partie greiuit hes gotten decreit, ordaning him to be repossessit to his rowme and profites thairof, his pairtie being vnresponsall altogither, gettis na commoditie thairof, For remeid of the quhilk. It is statute and ordanit, that in all tyme cumming, the partie persewit be an vther, for election, sall find caution for the violent profferttis, as in causses of remonting, the first dyet of the Litiscontestation, or vtherwayis decreit to be geuin, ordainand the pairtie to be repossessit.
CAP. XXVI.
For consideration of Articles to be proponit in Parliament.
OVR Souerane Lord, and his Estaitis in this present Parliament, hauing considerit the greit fascherie and inconuenience at sundrie Parliaments, throw presenting of a confusit multitude of doutfull and informall Articles, and supplicationis. For remeid thairof in time cumming, Statutis and ordanis, that quhen euer the Parliament is appointit and ordanit to be proclamit, thair fall ane conuention be appointit of foure of euery Estait, to meit twentie dayis befoir the Parliament, to ressaue all maner of Articles and supplications, concerning generall Lawes, or tuitching particular parties. Quhilkis Articles and supplications, sal be delyuerit to the Clerk of Register, and be him presentit to the personis of the Estaitis, to be considerit be thame. To the effect that thingis reasonable and necessary may be formally maid and presentit, in a buik to the Lordis of the Articles in the Parliament time, And all impertinent, friuolous and improper materis reiectit, And that na Article or supplication, wantand a speciall tytle or vnsubscriuit be the presentar, sal be red or answerit in that conuention, or parliament following the same. It is alwaies prouidit that his Maiestie may present fie Articles as he think is gud, concerning himselfe or the common well of the Realme, at all tymes quhen he thinkis expedient.
CAP. XXVII.
Anent slauchter, and trubling of parties in persute, and defence of thair actions.
OVR Souerane Lord, hauing consideration of the manifauld oppressions done with in this Realme, and for the maist pairt, occurring betuix parties contending in Iustice, be proud and vndantonit braggers, boisters and oppressors. And vnderstanding that thair wes ane act of parliament, maid of lang tyme by past, First in the daies of vmqhil Marie, Queene Drowrier his Hienes Guddame of worthie memory, quhilk wes onely temporall, for the space of thre ȝeiris nixt following, And approuin be his [Page]Hienes in his Parliament haldin at Edinburgh, in the moneth of Maii, ane thousand fine hundreth fourescore foure ȝeiris, quhairby it wes fund and declarit, that gif ony person, ather persewar or defendar, suld happin to slay or wound to the effusion of blude, Or vtherwates to inuaid, ane of thame ane vther in ony fort, quhairupon thay micht be criminallie accusit efter the rasing of the summondis, and precepts, and lauchfull execution thairof, or in ony time befoir the compleit execution to be recouerit thairupon, The committar of the slauchter, blude or inuasion in maner foirsaid, Or being airt, pairt, red or counsall thairof, gif it be the defendar, he sal be condampnit at the instance of the persewar, gif he be on lyfe, Or incais of his deceis, the narrest of the kin, quha is slane, without ony probation of the Libell, except summar cognition to be tane of the slauchter, bludsched or invasion, befoir the Justice, or ony vther Juge competent thair to. And gif the persewar slayis, woundis, or nuadis the defendar, as said is, or be airt, pairt, red, or counsall thairof, cognition being tane, incais the defendar be on lyfe, or incais of his deceis, the narrest of the kin, sall haue absoluitor fra the persewaris libell. And gif the slayer, schedder of blude, or inuader as said is, hes landis or lyfrentis, and beis denuncit rebell, and put to the horne, for non finding of souertie or non compeirance, to vnderly the law, for the said slauchter, bludsched or inuasion, In that cace, the slayar, schedder of blude or inuader, incontinent efter the denunciation, sall tyne the benefite of his lyfrent, of quhatsumeuer his landis, offices or commodities, as in the saidis Actis and statutis maid thairupon at mair lenth is contenit. Quhilk last act was also temporal, to indure for the space of seuin ȝeiris. And now it being knawin to his Hienes, and the satdis Estaitis, how necessair the 7s;amin is, to be alwayis obseruit and keipit in continuall obseruance, as ane vniuersall Law in all time cumming, for repressing of the saidis inuasions. Thairfoir his Hienes, with auise of the Estaitis, and haill body of this present Parliament, ratifies appreuis and affermis, baith the saids first and secund Actis, with the hail points, articles & conditionis contenit thairintill, And ordanis the same to stand, as ane perpetual law in al time cumming.
CAP. XXVIII.
For punissment of Parricide.
OVR Souerane Lord, and Estatis of this present parliament, vnderstanding the abhominable and odious crueltie, that hes bin at fumtimes heirtofoir vsit within this Realme, be Children aganis their Parents, in murthering of thame, and takand of thair liues maist vnnaturallie, [Page]hes thairfoir statute and ordanit, that quhatsumeurr he be, that hes slane, or sall heireftir slay, his Father, or Mother, gudeschir, or guddame, and hes bene alreddy, or sall be heireftir conuict be ane assyis, The committeris of the said cryme, and his posreritie in linea recta, salbe disherisit in all time heireftir, fra thair lands, heritages, takis, possessonis. And the samin sall appertein to the nixt collaterall and narrest of blude, quha vtherwise micht succeid failȝeing of the richt lyne.
CAP. XXIX.
Anent the certane time of Lentren, sparing of ȝoung flesch in the Spring, and brekeris of Lentren, and vther day is forbiddin to eit flesch.
OVR Souerane Lord, and his Estatis in this present Parliament, in respect of the gret derth and scarsitie of all kind of fleschis, statutis and ordanis, that in all time cumming the time of Lentren salbe certane, fra the first day of March inclusiue, to the first day of May exclusiue, And that na Lambis, nor ȝoung Veillis within ȝeir auldis, be slane, or etten befoir Witsonday ȝeirlie, vnder the painis following. And als, ratefies, appreuis, and confirmis the Actis of Parliament maid of befoir, Againis the eitaris of flesche in Lentren, or on the Wednisday, Friday, or Setterday, in euerie owlke, except the penaltie appointit in the saidis Actis againis the contrauenaris thairof. Quhilk our Souerane Lord and Estaitis foirsaidis, cassis, annullis, and haldis that point of the same as deleit, and reseruis the said penaltie as followis, to the effect the same may be the better execute. That is to say. quhasoeuir salbe tryit to haue contrauenit the same, for the first fault, salbe adiudgit in the soume of ten pundis money, for the secund, in the soume of twentie pundis, and for the third, in the soume of fourtie pundis, And sa ordainis the pane to be multiplyit according to the contempt, and oft contrauening of the saidis Actis, And that the same may take the better effect, OVR Souerane Lord and Estatis foirsaidis, ordanis, that within Borrowis his Hienes Thesaurare nominate ane sufficient person, and that euerie Burgh nominate ane vther, quha sal haue power to try, search, and seik quhatsumeuir persons contrauenaris of this present act, And persew them befoir the Justice generall, or his deputis, monethlie for the same. And incais of conuiction of ony person or perfonis, Ordanis the ane halfe of the penaltie to appertene to our [Page]Souerane Lord, and the vther half to the Burgh quhair the conuiction sal happin to be, To be employit be tham as thay sal think gude. Quhilk Act our said Souerance Lord & Estatis foirsaidis, ordanis to be put to execution in tyme cumming, without exception or pretence of ony former licence grantit befoir the date heirof, asweill aganis the eittaris, as aganis fleschouris, cuikis, ostellaris, and vtheris prepareris thairof. And that na licence be grantit heirefter, without ane sufficient testimoniall be schawin to our Souerane Lordis Thesaurare, be ane Minister of Gods word and Doctor of medicine, Apothecare or Chirurgien, of the infirmitie of the persone that sutis and crauis the same, vtherwise, the licence to be null. And incais the persone obteinar of the said licence be challegit for contrauening of this present act, The licence sall not be sufficient to absolue the person accusit, except the same togither with the foirsaid testimontall be lykwaies producit & schawin in Judgment.
CAP. XXX.
For punisment of the committaris of Vsurie.
FOR sameikil as vsurie and ocker, is an greit crime condempnit be the lawis of God and all common welthis, and ȝit hes bene ouir frequently vsit with in this Realme, thir diuers ȝeiris bygane, throw want of ane certane pane and punisment. Thairfoir our Souerane Lord, with auise of his Estatis in this present Parliament, statutis and ordanis, That quha euer committis vsurie, or ocker in time cumming, directly or indirectly, (that is to say) taks mair profit for the len of money, nor as it cummis to ten pundis in the ȝeir for a hundreth pundis, or fiue bollis victuall, And swa prorata, quhither the same be greit or smal vpon wed, plege, or obligation, act, or contract afoirhand or efter the ȝeir or tyme, Sall be countit and estemit vsuraris and ockeraris, and the same, sall haue repetition of his pledge, wod, or discharge of his obligation, act or contract, for his reward, And gif the partie receauer conceills the receit thairof, Quhatsumeuer vther man that reueillis and verifies the said ocker, sall haue the said benefite and richt to the soumes of money geuin for ocker, as the giuer micht had, incais he had reueilit it himselfe, and the partie receauar of the said vnlawfull profite or contracter thairanent, to tyne the principall soume, and stok quhilk wes employit be him, for payment of the said vnlawfull profite and ocker.
CAP. XXXI.
For punisment of sum disorderis of students and bursaris.
ITEM, becaus the Bursaris, Students and Maisters of Collegis, ar greitumlie drawin from thair studies, and oftymes incurris gret skaith, and perrell thame selfis, and dots dammage vnto vtheris, throw thair licencious liberty, in resorting nicht and day to free Burghis, armed with swordis, pistolettis, and vther wappins. Thairfoir our Souerane Lord and Estaitis of this present Parliament, Ordanis the Prouests and Baillies of his Maiesties free burghis, incais thay find the foirsaidis personis or ony of thame, vagand nicht or day, within thair saidis townis, armed in manner aboue specifeit, To tak and intromet with thair armour, and to dispone vpon the same as thay think gude.
CAP. XXXII.
For execution of the Actis, anent the slauchter of blak or red fish, and fry of Salmound.
OVR Souerane Lord, and Estatis of this present Parliament, vnderstanding that the Actis of Parliament, maid aganis slayeris of blak or red fishe in forbidden tyme, destroyaris of smolts and fry of Salmound, hes not bene put to execution of the shireffis of euery shirefdome, impeiding the Prouest and Baillies of Burrowis, to prosecute iustice thairanent. Hes thairfoir ratifeit, and approuin the former Actis, maid Anent slaying of Salmond fish in forbiddin time, and destroying of smoltes, &c. And declaris, that it sall be lauchfull to the Prouest and Baillies of euery Burgh in time cumming, to proceid aganis the contrauenaris of the saidis Actis, gif thay sall happin, first to atteich and apprehend thame, befoir thay be challengit be the shireff or his deputs, Notwithstanding that be the former Actis, the said power was restrictit to the saidis shireffis.
CAP. XXXIII.
Anent the Priuilegis of Burrowis.
OVR Souerane Lord with auise of his Estaitis in this present Parliament, Ratefeis, appreuis and confermis, the Act and statute maid in his Hienes Parliament haldin at Edinburgh, vpon the fyft day of Junii, The ȝeir of God, Ane thousand, fiue hundreth, fourscore twelf ȝeiris, Jn fauours of the frie Burrowis of the Realme, and thair liberties and priuilegis, againis vnfrie traffiquers, & Anent vsing of craftis in all the suburbis of the saidis burrowis, specially bering, That al maner of personis inhabitantis of the saidis Burrowis, exerceand ony maner of traffique in merchandice, or having exchange within the same, Sall beir thair part of all stentis, and taxations, watching and warding, in all dewties and suites perteining to our Souerane Lord, the weil of the Realme, and vtilitie of the Burgh, as at lenth is contenit in the said Act, and all clauses and conditionis thairin contenit, with this addition, that the samin sall be extendit to all Merchandis or craftismen, alsweill frie as vnfrie, that hes navther dwelling place bot within burgh, and hes thair commoditie within the same burgh, and beiris na burden of taxation without the same Burgh.
CAP. XXXIIII.
Anent the vphalding of the decayed landis within Burgh.
OVR Souerane Lord, with auise of his Estatis of this present Parliament, ratifies and appreuis, the Actis and statutis maid be his Hienes maist noble progenitours of worthie memorie, concerning the vphalding of landis giuen in coniunct infeftment, as weil to burgh as land, and for the better execution thair of, and reparation of the decayed policie within Burgh, statutis and ordanis, That the Prouest and Baillies of ilk Burgh, sall at the instance of the heretouris of the landis within the samin, vpon citation of the partie, tak summar cognition of the estait of the landis, houses, or tenements within the Burgh, be ane condigne inqueist of the Nichtbouris thairof. And gif the samin be fund auld, decayit, and ruinous in ruif, sclates, durris, windowis, fluringis, lofts, tymmer werk, and wallis, or ony of thame, [Page]and ane land biggit of auid, and throw lang time decayit in sic sort that it be alredy inhabitable, or that within short time may becum inhabitable, in that cace, to decerne that the coniunct feare or lyfrentar sall repair the saidis landis and tenements in the partis thairof decayed, as sal be fund be the said inqueist, within the space of ȝeir and day, nixt efter thay be requirit thairto be the heretors, And failȝeing thairof, declairis that it sall be frie to the said heretour, to enter to the possession of the same, to haue the setting, raising, vsing, and disponing thairupon, in all times cumming, as gif thair wer na lyfrent, or coniunct fie standing thairof, Prouiding alwaies, that sufficient securitie in the Burgh, quhair the landis or tenementis lyis, be tane for termlie payment to the coniunct fears or lyfrentarts thairof, induring thair lyfetyme of sic mail and dewtie, as the samin presently geuis the tyme of the said cognition, or micht ressonablie giue in that estait, incais it be not presently set, deduceand alwaies the annuallis and vther burding lyand thairupon, And this to be extendit to all brunt and waist landis, and aganis all coniunct fearis present and to cum within Burgh,
CAP. XXXV.
For punisment of thift, reif, oppression and sorning.
OVR Souerane Lord, and his Estaitis in this present Parliament, Considering, that notwithstanding the sudrie Actis maid be his Hienes, and his maist Noble Progenitouris, for punischment of the Authouris of thift, reif, oppression and sorning, and maisteris and sustenaris of theuis, ȝit sic hes bene, and presently is the barbarous cruelties, and daily heirschips of the wickit theuis and Limmeris of the Clannis and surnames following, inhabiting the Hielandis and Iles: Thay ar to say, Clangregor, Clanfarlane, Clanlawren, Clandowill, Clandonoquhy, Clanchattane, Clanchewill, Clanchamron, Clanranald in Lochaber, Clanranald in Knoydert, Moydert, and Glengarry, Clanlewyd of the Lewis, Clanlewid of Harriche, Clandonald, south and north, Clangilleane, Claniane, Clankynnonum, Clanneill, Clankenȝie, Clanandreis, Clanmorgun, Clangun, Cheilphale, And als mony broken men of the surnames of Stewartis in Athoill, Lorne, and Balquhidder, Campbellis, Grahames in Menteith, Buchannanis, Makcaulais, Galbrathis, Maknabbis, Makanabrichs, Meneȝis, Fersonis, [Page]Spaldingis, Makyntoischis in Athoil, Makchomas in Glensche, Farquharsoms in Bra of Mar, Makinphersoms, Grantis, Rossis, Faseris. Monrois, Neilsoms, and vtheris inhabiting the shirefdomes of Argyle, Bute, Dumbartan, Striuiling, Perth, Forfair, Abirdene, Bamf, Elgin Forres, Narne, Innernes, and Cromertie, Stewartries of Stratherne and Menteith. And lykwayis a greit nowmer of wickit Theuis, Oppressouris, and peace breakaris, and ressettaris of thift, of the surnames of Armestrangis, Ellotts, Nicksonis, Crosseris, Grahames, Irwingis, Bellis, Cairleillis, Batisonis, Litillis, Thomsons, Glendoningis, Carutheris, Iohnestonis, Iardanis, Moffettis, Latimeris, and vtherts inhabiting the bordours foreanent England, in the shirefdomes of Roxburgh, Selkirk, Peiblis, Dumfreis, and stewartrie of Annerdaill. In the Murthour, heirschip, and daily oppression of his Hienes peaceable and gude subiects, In the haill cuntries adiacent to the Hielandis and bordouris, To the displesure of God, contempt and dishonour of his Hienes person and authoritie, And to the waisting & desolation of a gude pairt of the plentiful ground of the Cuntrie, gif speedy remeid be not prouidit, And vnderstanding, that this mischeif and schamefull disordour increseis, and is nurischit be the ouersicht hounding our ressait, maintenance, and not punischinent of the Theuis, Limmeris, and vagaboundis, partly be the Landislordis, Maisteris, and Baillies of the landis and boundis, quhair thay dwell or resortis, And partly, throw the Counsellis, directions, ressait, and partaking of the chiftanes principallis of the bransches, and houshalderis of the saidis surnames and Clannis, quhilkis bearis quarrell, and seikis reuenge for the leist hurting, and slauchter of any ane of thair vnhappy races, although it wer be order of Justice, or in reskewe and following of true mens geir stollen or reft, Swa that the said Chiftanes principallis of the bransches, and houshalderis, wortherly may be estemit the very Authours, fosteraris, and mantenaris of the wickit deidis of the vagaboundis, of thair Clannis and surnames. FOR REMEID quhairof, and that thair may be anis a perfite Distinction, be names and surnames, betuix thame, that ar and desiris to be estemit honest and trew men, and thame, that ar and escheamis not to be estemit theuis, reifaris, sornaris, and ressettaris, and sustenars of thift, and theuis in thair wickit and odious crimes and deidis. IT IS STATVTE and ordanit, that there be ane roll and catalogue maid with al possible diligence, of all personis of the surnames foirsaidis suspectit of slauchter, thift, reif, resset of thift or theuis, or sorning within the saidis shriefdomes and stewartries, in quhat towns, & parroching, and vnder quhat landislords masteris or baillies thay dwel. THAT al landislords & baill [...] [...] [Page]chargit, to find souirtie, to releue the King and wardan in the bordors, and ouer all quhair, to mak thair men, tennants and seruandis answerable to Justice, and to redres parties skaithit, quhilkis hes not found the said souirtie alredy, THAT the haill personis suspectit and dilatit of the saidis crimes, sal he giuen in valentynis to thair Marsters, Landislordis or Baillies, to be presentit befoir his Hienes Justice and his deputtis, and otheris commissionaris or assessors to be appointit at certane daies and places: That it may be vnderstand, quha will be obedient, and quha inobedient and fugitiue. SIC Houshalderis of the saidis Clannis, as compeiris, To find caution, for releif of thair Landislords, Sic as comp [...]is not, to be denuncit rebells and fugitiues. THE Chiftanes, principall of the bransches and houshalders to be chargit to enter pleigis, for releif alswa of the Landislords, THE pleigis to be deliuerit in keiping to the Noble men, Barons, and Genttlmen, that hes ressauit gretest and latest harmes of the saidis theuis and sornars of Clannis, and thair assisteris in thair awin houses, or with thair friendis in the Cuntrie, quhair thay think maist sure, GIF the personis complenit vpon, compeiris and findis gude souirtie for releif of thair Maisteris and Landislords, to bruik thair takkis and titles, GIF thay compeir not, or compeirand findis not the said soiurtie, to be denuncit rebellis, and thair escheatis of takkis to be disponit to thair Landislords, for thair better releif. The complenar to haue action criminall or ciuill, aganis the Landislordis, maisters or Baillies, or thair souirties, for the attemptat to be committit efter the souirtie found. THE auaile and quantitie of the guidis stollen or reft, or vther skaith done, sall be referrit to the aith of the complenar, The trueth of the fact being [...]reuin be two witnesses, or gif the partie complenit vpon, compeirs not personallie befoir the Justice, to mak his defence, or excusis him not be the aith of his Minister personally compeirand, NA Landislord, to set his land, or to suffer his land to be occupeit and possessit with his consent, or resaue males, gressume, and dutie for the occupear thairof, That being of a Clanne, findis not souirtie, to releiue his Landislord, betuix and the first day of August nixt, Quhilk gif the Landislord omit to seik for his releif, he to be answerable to the complenar, criminally or ciuily, as gif he had done the deid himselfe, NANE of the saidis Clannis, or vther broken men, thair wines, barnis, heires, executors or assignes, sall haue action criminall or ciuile aganis quahatsumeuir personis, For e [...]ection, spulȝie, slauchter, fyreraising, or vther allegit violent deid committit aganis thame be ony of his Hienes Leigis, except thay instruct with [...] summondis, that the persone allegit hurt, spulȝeit, slaine, or [Page]eiectit [...]