Page:The Laws and Acts of Parliament of Scotland.djvu/327

TWELFTH "PARLIAMENT. V. .of Jung. ij 9 x. 1°5 1x5-. The office of the Lyon King of Armes: of execution of letters of treafon: of the ad~ mijjion ana number of the officiates of armes. OU R Soveraine Lord , and Eftaits of this prefent Parliament , confidering the great abufe that lies bene amangft the lieges of this Realm, in their bearing of armes, ufurpandto themfelves fife armes as be- langis not unto them : fwa that it cannot be diftinguiihed be their arms , quha ar Gentlemen of blind, be their anteceflbrs: nor zit may be decerned, quhat Gentilmen ar difcended of Noble ftock and linage. FOR remeid quhairof , his Hieneffe with advife of the faidis Eftaites , hes given and granted : And be this pre- fent Acte, gives and gramis, full power and Commiffion, to Lyon King of Armes , and his Brethec Herauldes, tovifite the haill Armes of Noble-men, Barronnes and Gentle-men, borne and ufed within thisRealme : And to diftinguifh and difcerne them , with congruent differences, and thereafter to matri- culate them in their buikes and regifters : and to put inhibition , to all die commoun fort of people, nocht worthiebetheLaweofArmes, tobeareonie fignes armorialles : That nane of them prefume, or take upon hand, to beare or ufe onie Armes , in time dimming, upon onie their inficht or houfhald geare , under thepaineofefcheifdngoftheguddesandgeare, fwa oft as they fall be found contravening this prefent Act, quhair-ever the famin Armes fall be founden grave, ■. and painted, to OUR SOVERAINE LORDIS ufe : And like-wayes under the paine of ane hundreth pundes , to the ufe of the faide Lyon , and his Brether Herauldes: And failzeing of payment thereof , that they be incarcerat , in the narreft prifon , therein to remaine upon their awin charges , during the pleafure of the faid Lyon. ITEM, Becaufe charges of treafon, hes not bene execute and ufed, with fik folemnitie and Officiares *&«»'"* of Armes, as the weichti'ies thereof requires: It is ftature and ordained, that our Soveraine Lordis The- %£l"L: iaurer , and utheris dfrecters of fik letters , deliver them in time dimming., to be execute be die ordinar Herauldes and Purievantes , bearand coattes of armes , or Mafers , to bee ufed be them, as of before •. And gifony execution , under the paine of treafon fall be execute uthenvaies , declaris the execution to be null, and of nane availe. ITEM, In confideration of the great abufe of Meflengers and of Officiares of Armes within this Realme, quhilkis for the maift part ar not qualified , for ufing of the faid office , being admitted be extraordinar and im- portune fuites : be quhais abufe , the Lieges of this Realme ar heavilie troubled and oppreiled : Therefore it is ftatute and ordained , that the faid King of Armes , be advife of the Lordes ol Councell and Seffion, deprive and difcharge , al! fik O fficiares and Meflengers of Armes, as he fall finde unworthie of the office. And take ficker foverrie of the remanent , for obfervaaon of their Inju ictiones in time dimming : With power to the faid King of Armes , with advife ol the faidis Lordes , to injoyne further neceffer injunctiones to the faidis meflengers, for keeping ofgudeordour in their offices: difchargeing him in the mean-time , to admit ony maa Officiares hereafter , quhill the haill meflengers , prefentlie bearing armes , be reduced be death or de- ■ privation , to the number conteined in the atte of Parliament , maid anent the confufed number of Officiares of armes. ITEM, Becaufe the jurifdiction of the Lyon King oi Amies , is not able to execute dew punifhment upon all perfones , that fall happen to offend in the office of Armes : T herefore our Soveraine Lord , with advife of his three Eftaites in Parliament , ordainis and commandis , all civil magiftrats , as they fall be required ba- the King oi Armes , or onie utheris in his name to concur with him, to fee the acts maid in his favours , of his office put to dew execution in their jurifdictions: As alfvva to concur with him, to the punifhment and incarceration of all fik perfons , as fall uliirp the bearing of his Majefties Armes, after dew deprivation , under the paine of rebellion, and putting of the difobeyers to his Hienes home , with certification to them and they failzie being required, letters fall be dire&fimp/iciter to put them to the home. ix6. The names of all rebels fuld be delivered to the Thefaurer > with all unlawes. Names of all fugitives. BECAUSE, It is provided that criminall letters fall not neid to be regiftrat , bot to returne to the ad- journal: Theirefore ordainis and commandis the Juftice Clerk and his deputes within fexe dayes , after criminall Letters , widi execution of onie perfones at die Home , beis returned to them , to deliver the names denunced , with ane breife note of die caufe to the Thefaurer , or his Clerke, or Regifter , that ietters for the uptakingofefcheittes, of the perfones denunced , may be directed and execute , with all expedition , as the faid Thefaurer and Juftice Clerke, will anfwer to his Hienelle, upon their dewtie and diligence, That in Juftice courtes , or Juftice aires , the haill aflife fummound , being called out and the ablentes unlawed -. The extract of the acre of the unlawed, be delivered to the i hefaurer, or his Clerke, widiinfexdaies there- after, that letters bee directed thereupon, for uptaking of the faidis unlawes , without conipofition to be maid therefore. And likewife quhen-ever onie perfones , that lies fund fovertie to underly the Law , compeiris not at the day appoynted , and their-throw are decerned to be denunced rebelles , as fugitives fra the Law : The Juftice Clerk or his deputes, fall deliver the act of adjournal diereupon, with the precept to denunce the perfones fa decerned fugitive , be open Proclamation , at the mercat-croce of Edinburgh , within fex daies , alter they Vv 3 be