Page:The Laws and Acts of Parliament of Scotland.djvu/235

SEXT TARLIAMEKT. XX. of October. i S79 , XI3 mentofhisdebt, letters fall be direct , be deliverance of the Lordes of Councell, chargeingthe Schireffeof theSchire, and his deputes : Or gif it be underftand , that the Schireffe will not , or may not, charge- ing fum of the Nobill-men , Barronnes, Gentle-men ofgude power within the Schirefdome, bed affected to the furthfetting of our Soveraine Lords authority and Juftice , to convocate his hienes lieges in weir-like maner, and to paffe and concur with the faid Officiar , that befoir was deforced and flopped, and fee the command of the letters execute reallie, and with effect , befoir they depart ofFthe ground, quhair the faids efcheitguddisremainis : In the quhilk execution, they fajl have all freedomes , priviledges, and immu- nities, that ar granted be the Lawes of this Realme, to fik perfones as perfewis the Kings rebelles, to bring them to his Lawes. Providing) hat this aft, nor nathing therein conteined, be prejudicial to the Lordes of Regalities , or their Baillies, bot they to ufe and bruik their richt and prjviledges , baith in execution of letters, andinuptakingofefcheits, as they micht have done , before the making of this prefent Act And Th .. howfoever the efcheit be uptaken , upon horning execute , for fummes of money , quhidder be the Schireffes, tor is pre' and uthers ordinar Judges , be their awin authoritie , or at command of our Soveraine Lordis letters , that al- f errtd ta waves the partie complener, befirftfatisfiedofthejuftdebt, with the Officiars expenfes. t»e Kwg. j 6. For remeede of 'the fraude and diforder , ufed be Officiars of _Armes , in execution of Lriminall letters. ANENT The complaint maid to our Soveraine Lord, and the three Eftaites of this prefent Parlia- ment, bethepureCommounsuniverfallie, within this Realme, makand mention , that quhairas it is not unknawin to his Hienes, and his Eftaites , how JAMES Earle of CMortouu , Lord of T>alkeitb, in his late Regiment , lor gude ordour to be had amangft his Majefties Officiars of Armes , and uthers parties, that rayfed and perfewed letters upon flauchters , mutilations , and uthers capitall crimes , quhairby ane great multitude of complices was fummond and given in bill , and fik collufion ufed betuixt the parties and Officiars foirfaidis executors thereof, that compofition was tane for deleeting of their names, to the great prejudice of his Majeftie , they being oftimes knawen as guiltie of the famin crimes, and zit could not be perfewed at the diet appoynted thereto, in refpect that na fovertie was found, for reporting of the faidis letters, dewlie execute and indorfat, upon the faidis complices : And therefoir command was given, be his Hienes lait Regent forefaid , to the Juftice Clerk and his deputie; That na letters criminall , in time cumming, fuld be direct , nor paft be them , for fummonding ony complices , to be given in bill, be the partie purcheffer thereof, bot that the haill perfones complened upon , fuld be nominate in the bodieof the principall letters. Neverthelefle it is of veritie , that divers our Soveraine Lordis Officiars of Armes fore- faidis, without power or Priviledge granted to them, be vertew of the faidis criminall letters, not only hes fummond, and daily zit fummonds, divers perfones , as complices given in bill, and not nominate in the letters forefaidis, compeliand there-throw ane great pairt of the faidis complices , totravell, upon their fumpteous charges and expenfes , to his Majefties Burgh of Edinburgh , And uther-wayes ufes fik ex- tortion , that the fubjectesar compelled to give the faidis Officiares compofition to deleete their names: Like as alfwa to their greater wrack and heirfchip , the faidis Officiares bee coiiufioun of divers parties , pur- chefleris of the faidis letters, hes fummond and daylie zit fummonds fik multitude of Affifoures, to par- ticular diets , that be compofition received be the faidis Officiars, fra fubflantious perfones , quhomtney deleete, and drawis furth of their tikket, after they bo fum mound, there is be appearance of their extor- tion, neir als meikle profite and compofition collected , as wald fatisfie the parties againft quhome the crimes ar committed , and na uthers ar put in Roll , to com^eir upon the Affile , but a multitude of his hienefTe pure commcunes forefaidis , quha hes not money to pay compofition: to their great hurt, travell and expenfes : as alfwa to the prejudice of his Majefties Thefaurer , and Advocates for his hienefle in- tereft, quhilkes, for want of ane fufficient number of Affifoures , ar compelled to confent to the conti- nuation of findrie caufes. Therefoir, our Soveraine Lord , with advife of his three Eftaites , in this pre- fent Parliament, ftatutis and ordainis, that the Juftice Clerke, and his deputes, fall direcl: na letters in T he names time cumming, for calling of ony complices generallie , to underly the Law, bot that the letters be upon of all am- fpeciall perfones complened upon. And that no Schireiie or Officiar of armes , executor of ony criminal t ltm H d letters , prefume to take upon hand , to charge or ufe execution , upon ony complices given in bill, ed in the ' attour the bounds and direction of the letters , nor to fummound ony maa perfons upon ane Affife , lemrs - then fourtie five, quhilkes he fall receive in Roll , fra the partie perfewer , fubfcribed with his hand , and fall ^ffifomiH annex the fame Roll, unaltered or cancelled, to the end of his execution , under the paineof five hun- »«>»*«■ 4_s drethmarkes, to be incurred be his fovertie , and the faid Officiar to be deprived of his office, and to veninRotl, fuffer farther paines in his bodie and guddes, at our Soveraine Lordis will. And gif ony partie perfewer, findisthatofneceffitie, heemonhave ane greater number fummoned upon the Affife, upon his fupplica- tion, the fame fall be granted, asitfallappeirreafonable. In quhilk cafe, the Officiar may fummound fa many maa, upon the Affife, as he fall be directed be the letters, and receive in Roll, fubfcrived be the partie , without incurring die paine above written. I i 77. That