Page:The Laws and Acts of Parliament of Scotland.djvu/450

4l 8 KING J AMES THE S E XT of higher quality , the Conftable fliall informe the Juftice thereof, who fhall delate the fame to his Majefties Counfel , that order may be taken therewith. 1 X. IF any party of the degree of Yecmen, do complain to a Conftable, that he is threatned by any other, then fliall the Conftable apprehende the rhreatner , and carry him , with the party complainant , before the next commiffioner of peace : and if he refufe to go , then lliall they carry him to prifon. And if he be of an higher degree , the Juftice being informed thereof, iliall informe the Counfel , aad in the mean time, charge the party to bind to the peace. ALL The Conftables , attheleaftoneofeveryParoch, inftructed with commiffion , toanfwerforthe reft within the faid Paroch, (hall attend at every Quarter-Seffion , there to give information of all fuch mif- demainours as have happened in thofe bounds fince the laft Seffion ; and otherwayes Co give to the Bench further fatisfaction in any thing wherein they fliall be required : and to receive from the faids commiffio- ners, at the end of the Seffion^ fuch orders and directions as they fliall then injoine , and appoint them to doe. XI. UPON the appearance ofany Fray or ftir betwixt parties, the conftable may take the affiftance of his neighbours, for fundring of the parties : and if there be any harme done to the Conftable, or any of his affiftance , by them who made the effray , they fliall bee puniflied by the Juftices at the next Seffion , they being of the quality of yeomen , and being of an® higher quality, the Counfell fliall be informed there- of, as faid is. XII. WHEN any hath made ane effray , & then flees to an houfe , the Conftable may follow to the houfe, and if the doors be (hut , he fliall take notice of the mafter of the houfe , and require witnefTe thereon. And albeit the delinquent fliall flee further without the bounds of the Conftables charge , yet may the Conftable follow, and apprehend him in a frelh purfuite , and crave concurrence of the Cuntrey to that effect. ™ XIII. THE Conftables within every parochine , fhall be executers of the precepts and warrands of the Juftice of Peace. XI V. Concerning the Fees and fatiffaction to be given to the Conftables and Clerks for their paines : OUR Soveraigne LORD, with advife forefaid , ordeines the faids Juftices to give ip particular N O T E S in writ to the Auditors of his Majefties Checker , of the fines inbrought to them , that out thereof fuch meafure and fatiffaction may be appointed and given to the faids Clerks and Conftables , as^nay recompence their travels, wherein if it fhall be found that the faids fines will not be fufficient, the faids Lords of his Highnefie- Checker, ihall appoint fuch iurther fatisfaction to them, as in their difcretion they fliall think their labours and diligence doth deferve , and caufe them be payed of the fame. AND notwithftanding of this above-written Act , and all the particulars forefaids contained in the fame : OUR Soveraigne LORD, with the advife and eonfent of the faids Eftates , ftatutes , decernes , and declares, That neither the rection of die faids Commifiioners and Juftices of Peace, and grant of Jurifdiction and priviledges to them , nor the making or approbation of the particular Articles above-written , introduced in their favours , nor any thing therein contained , fliall be in any fort derogatory or prejudicial to the rights , priviledges , or liberties granted and beftowed by His Majefty , or his Hignefle Royal predeceflburs of before to any of His Majefties Subjects , of whatfoever Eftate or quality, from the higheft to the loweft: But declares, that the faids rights , priviledges, and liberties, fliall remaine in their own integrity fafe , andintire, and unhurt, or prejudged by the premifies or any thing exprefled in the faids Articles , and every one of them , and are holden as fpecially referved and excepted out of the fame. AND leaft this above-written refervation fliould feem altogether to deftroy the power, granted to the faids Juftices, or fhould beget controverfies betwixt them, and any other having right or liberty of jurifdiction, as faid is: OUR Soveraigne LORD, with advife forefaid , for removing of all queftion, which may arifc betwixt them thereanent , Declares, that it fhall not be lawful, nor permitted to the faids Juftices, to make any citation of party before their Court, till the expiring of the fpace of fifteen dayes , after the commit- ting of the fact , for which the committer is to be conveened , at the compleat out-running of which fpace , if any having power and jurifdiction , as faid is , hath omitted and neglected to ufe and exerce the priviledge and liberty of their right and power , it fliall then be lawful to the faids Juftices , to make citation , and to proceed againft the parties , according to the power and authority given to them by his Highnefie , with advife fore- faid , and conform to the particular Articles above- written , in all points , and no otherwayes. Which all and fundry the premifies, O U R Soveraigne L O R D with advife and eonfent forefaid, ratifies and