Page:The Laws and Acts of Parliament of Scotland.djvu/366

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344 KING JAMES THE S E X T rhtUmOs- men, tennentes and fervanrs anfwerable to Juftice , and to fedrcfie parries skaithed , quhilkis hes not found hrdes /aid t y lC: ^jj f overt j e a lreadic : THAT the haill perfones fufpeeted and delated of the faidis crimes, fall be given lion" in valentines to their Maifters, Landif-lordes or Bailiies, to be prefented before his Hieneffe Juftice and his iantes- Deputes , and utheris Commiflloners or afieffors to bee appoynted at certaine daies and places : That l preftnt it m ay be underftand quha will be obedient , and quha inobedicnt and fugitive. S I K Houflialders of them t» the faids Clannes , as compeiris , to finde caution , for reliefe of their Landif-lordes : Sik as compeiris liifiice, not ^ to k e (Jenunced rcbelles and fugitives. THE Chieftaines , principal of the branches and Houflialders p, e to be charged to enter pleges, for reliefe alfwa of the Landif-lordes. THE Pleges to be delivered in keep- ing to the Noble-men, Barronnes and Gentle-men , that hes received greateft and latcftharrnes of the faids thieves and forners of Clannes, and their affifters in their awinhoufes, or with their friendes in the Coun- trie, quhair they thinke maift fure. GIF the perfones compleined upon , compeiris and findesgud fo- Tugitiuts. vertie, for reliefe of their Maifters and Landis-lordes , to bruik their tackes and tides. GIF They compeir not , or compeirand findis not the faide fovertie, to be denunced rebelles , and their efcheittes of tackes to be difponed to their Landis-lordes , for their better reliefe. The complenar to have aclion criminal or civill , again ft the Landis-lordes, Maifter or Bailiies, or their foverties, for theattemptattobe committed, after the fovertie found; THE availe and quanritie of the guddes ftollen or reft , or uther skaith done , fall be referred to the aith of the compleiner , the trueth of the fact being proven be two wit- nefles : or git the partie compleined upon , compeiris not perfonallie before the Juftice , to make his defenie, or excufis him not be the aith ofhisMinifterperionallie compeirand; Na Landis-Iord, to fet his land, or to differ his land to be occupied and poflefled with his confent, or receive mailles, greffume , and dutie for the occupier theirof, that being of a Cianne, findis not fovertie, to relieve his Landis-lord , betuixtandthe Stvtmt. fi r ft day of y&g///? nixt , quhilk gif the Landis-lord omit to feik for his reliefe, he to be anfwerable to the compleiner, criminallie or civilie , as gif he had done the deed himfeife. Nane of the faidis Clannes , or uther broken men, their wives, bairnes, aires, executors or affignayes, fall have aclion criminal! or civill againftquhat-fum-ever perfones, For ejection, fpuilzie, flauchter, flre-raifmg , or uther alleged violent x« efaon ^ ee< ^ c° mm itted againft them , be onie of his Hienes Lieges , except they iniiruct with their fummondes, vcompe. that the perfone alleged hurt, fpuilzed, flaine, or ejected wes the Kings free -liege man, the time of that deed, tent to re- and had found fovertie to be anfwerable to Juftice , for reliefe of his Landis-lord , and to redreile parties skaithed. Everie thiefe and forner fall be efteemed the man and fervand of him , quhom of he hes land in til- Ojiba if l a g e or paftourage : Or quhom the faid thiefe , forner or rievar accompanies at conventiones , gatherings, or manor fer. at onie violent deeds : Or on quhais ground , the faid thief or rievar is receipt , and taries twelve houres to- '•tktrl'""" g itner ' with the knawledge of the Landis-lord, being of habilitic and power to apprehend him: Or quha lies receaved band of manrent, or given band of maintenance to the thieves or rievares: Or receivis their cawlpes and herezeldes : Or quha hes had the faid thieves and rievares under their aff urance,or exemption : Juftice Twa Juftice Courtes to be halden zeirlie , for die ordinar execution of this prefent acl and ftatute , within comes. ever i e ane of the faidis Schireffedomes and Stewartries at leaft • At Jedburgh , for Roxburgh , Selkirk and Teibles: At Dumfrife for the Schireffedome theirof, and Stewartries ol lOrciidbricht zn& Annand-daill : At Striviling for Argyle, Bute, T)umbartane and "Perth, Stewartries oiMentelth, and Strathern : At Abir- dene for the Schireffedome theirof, and Bamjf: At Elgin or Innernes, for the Schireffedomes of Eight, Forres, Name, Inner nes,m& Cromer tie: And the expenfes of Officiares , Cierkes and uther things needfull, robe s4at gtne. tane of the readieft unlawes and efcheittes of the faids Courts : Ane band to be maid , fwome and fubferived nil band. b e jflj Nobil-men, Barronnes,and landed men,within the boundes of the faidis Schireffedomes and Stewartries, oblifhand diem to feik the true execution of this prefent a& , for their awin partes , and to concurre againft the faidis thieves, rebelles, and fornares, and to keip ordinar watching and warding.and to contribute to that effect: in fik fort, as fall be thought meiteft amang themfelvis. Certifying them , that fall be found not to conveene and further this gudewark, they fall be halden infamous and favoreres and partakers with die faidis thieves Suf H and fornares in their evilldeedes. And our faid Soveraine Lord, with advife of his faidis Eftaites, declaris- tirfom. that this prefent Aft of Parliament , fall extend not onelie againft all inhabitants of the faids fpecial SchireftV domes and Stewartries, bot againft the Landis-lordes , Maifters, and Bailiies of all perfons that are , or fall be fufpe&ed and delated ofthieft , reif , oppreffion, and forning over all partes of the Realme , and name,- ©/ m . lie againft the heretours and life-renters of Landes within Townes and fub-urbs theirof, quhilkis fall be 7nd"tiUrf nalc * en t0 encer anc * P re fe nt to Juftice, perfones dwelland within their tenementes and houies, fufpecled ZVthtT tobeHarlottes, thieves, receipters ofthieft, or vagaboundes, fik-like as Landis-lordes in Hielands, orBor- »'« *"«- dours, for their men and tennentes that are thieves and fomeres. And theirfoir that the faidis heretours or lyfe*

    • • renters in townes and fub-urbs theirof, take fovertie of their tennentes, quhome unto they fet their houfes ,

for their releife, at their awin perrell. And further, our Soveraine Lord , with advife of his faid Eftaitis,' ratifies and apprievis, and for his Hienes and his fucceflburs perpetuallie confirmis all former Lawes and Aftes, maid be his Hienes, and his maift Noble Progenitours in onie times by-gane , anentpuniihmentof thieft, riefe, forning or oppreffion , not rifing to effray and following , fitting under ailurance of thieves, or taking , or paying of black maill : And ordainis the fame a&es to be put to execution with dili- gence, after the forme and tenour thereof. AND finallie, that as thieves and forners concurris , afliftis and mainteinisuthers in wicked deedes, againft trew men , withotitfeareofGod, the Kino-, or the Lawes : Swa