Page:The Laws and Acts of Parliament of Scotland.djvu/30

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16
KING JAMES THE FIRST

97. Of the Fugitoure in fore-thought-fellonie, fra burgh to lande.

BE The advise of the haill Parliament, it is statute & ordained, gif sik bargane happenis to be in Burgh, & be called fore-thoucht-fellonie, & the deed-doar eschaip un-arreisted fra the Alderman and Officiares of the Towne, and flies the Law; but delaie the Alderman or Baillies sall write to the Schireffe or the Officiares to the Regalitie quhair he happenis to be receipt, & certifie them of his misdeede, and that he is fugitive fra the Law, and then sall they persew him as a fugitive, and send him againe quhair the deed was done, and to abyde the Law but delay, after as he lies maid default.

98. Injurie or slauchter done be him, quha is friend to asvured per fines.

ITEM, It is statute, that quhair two parties discordis, and after are put under Burrowes, ilk ane assured of uthers, and their purchase, after that anie of their friendes thinks, that thocht the principal parties be assured, hee is not assured, cummis and outher hurtis or defoulis the partie that is contrary to his friend or slayis : And gif he slayis, he sall die therefore, and tyne all his gudes, as escheitte to the King, and gif he hurts or defoulis with fellonie assailzieand with edgeorvre, he sall remaine in prison but remeid, quhili assyith be maid to the partie, and amendis to the King, or to the Lord, that it belangis to, as effeiris.

99. The Countrie men nocht assisiand the Schireffe suld be punished.

ITEM, Gif it happenis the Schireffe, to persew sugitoures with the Kingis horne, as is foresaid, and the Countrie rise not in his support, they, all, or parte, hearand the Kingis horne, or beand warned be the Makes, and followis not the out-horne, and that may be over-tane upon them be ane assise before the Schireffe, ilk Gentle-man sall paye to the King unforgiven fourtie shillinges, and ilk zeaman twentie shillinges.

100. That Maires and Serjands have wandes and Hornes.

ITEM, Fra thine foorth, it is statute and ordained, that ilk Officiar of the Kingis, as Maire, or Kingis Serjand, and Barronne Serjand, sall not passe in the Countrie, nor Barronne Serjand in the Barronnie, but ane horne and his wand, and that sall be in this maner.

THE Kingis Officiar as is foresaid, sall have an horne, and ilk ane a read wande of three quarters of ane zairde lang at the leaste, and the Officiars of the Regalitie ane Wand of the samin length, th'ane end reade, th'other ende quhite, and ane horne quhair he passis within the Regalitie. The Barronne Serjand ane horne and a quhite wand of ane elne lang, the Serjand of the Burgh ane reade wand allanerlie, like the Kingis Officiar, and als oft as hee beis founden without his wand in the Burgh, hee sall paie audit shillinges un-forgiven to the Kinge: and there-attoure to abide challenged before the Chalmerlaine. And gif the Kings Serjand hes not horne and wand, as is foresaid, he sall be challenged before the Schireffe at the heade Courtes And gif he be convict, he sall paie fourtie shiillinges to the King. And richtswa the Serjand of the Regalitie sall be challenged at three heade Courtes before the Lorde of the Regalitie. And gif he be convict, he sall paie till his Lorde fourtie shillinges. And gif the Barronne Serjand defaultes, he sall be punished after the unlaw of the Barronne Courte. And that ilk Serjand be thus purwayed be xv. daies nixt White-sundaie nixt to cum,

FINIS.

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