Page:The Laws and Acts of Parliament of Scotland.djvu/390

3 68 KING JAMES THE S E X T of God 1594. yeares, annulling the Acts of Parliament, made in favours of vaflels , of perfbns forefaulted. To the whilk acl: , and all others ads , ftatutes, or conftitutions , made atony time of before, and made or to be made, in this prefent Parliament, thir prefents makes and fhall make full derogation : and that alla- nerlie in favours of the faids perfons , who , or their PredicefTburs held lands , heritages , and others forefaids or the faid umquhile Johne fometime Earle oiGowrie , or his PredicefTburs , as faid is. Trie forefaids vaflels, and every ane of them payand to his Majcftie , and his SuccefTours , or any others their next immediat fupe- riours , for ilk twentie ihilling land , whilk they held of before of the faid Earle oiGowrie , ten pounds money of this Realme betvvix and Whitfonday next to come , for compofition. 4. i_Anent invading and ptrfewing ofQounfeUers. UR SOVERAIGNE LGRD, and Eftaites of this prefent Parliament , underftanding that di- verfe of the Lords of his Heighnes Secret Counfell and Seffion , and others of his Heighnes Officiars, for die discharge of their boundenduetie in his Heighnes fervice, incurres the haitred , indignation, malice and feed of fundrie perfons , who often-tymes quarrels them, without any juft caufe. Therefore, Statutes and ordemes , that what-fbm-ever perfon in tyme comming , invades or perfewes any of his Hieghnes Seffi- on , Secret Counfell , or any his Heighnes Officiars , it being verified and tryed , that any of the faids Coun- fellers , Seffioners and Omciers , was perfewed and invaded for doing of his Hieghnes fervice , fhall be puniihed to the death. 5. Anent Furpri/ion in the Kings Commonties. UR SOVERAIGNE LORD, and Eftaites of this prefent Parliament , confiddering that his Heighnes, and his Heighnes Prediceffours , for the helpe and releef of his poore commouns , in di- verie parts of this Realme , hesreferved great quantitie of Moores, and others common lands, nowyfe dif- poned in propertie , to any particular perfon- Notwithftanding whereof diverfe perfons , hes riven out, parked, tilled , fawne , and laboured great portions of the famin commonties , without any right of propertie compe- tent to them, to the prejudice of his Heighnes , and utter wrack of the poore tennents and commons of this Realme. Therefore , Statutes and ordeines that all perfons , who hes tilled , laboured , fawne , parked , inclofed, or appropriat any part or portion of hisMajeflies common Moores, or others commonties , be- langing.to his Heighnes , within the memorie of man; the famin being tryed , eidier by way of moleftation, or by the Lords of the Seffion , that they within yeare and day , after the faid tryell , lay in the famin com- monties againe : to the effect the famine may remaine unlaboured or parked in any time thereafter; but to re- maine as commontie , fiklike and in the famine maner as it was before the ryving out or parking thereof. And sir they failie to doe the famine, within the fpace forefaid , lawfull tryall being tane therein, as faid is, they flialJ be decerned to have committed purprifion. And fiklike , OUR faid SOVERAIGNE LORD, ana Eftaits forefaids , ftatutes and ordeines , that wha-foever in tyme comming, fhall till , labour , manure, faw , parke , inclofe , or appropriat any part or portion of his Majefties common Moores , or others his Hieghnes com monties. (The famine being fufficientlie tryed in maner forefaid) fhall be alfo decerned to have committed purprifion , and puniihed therefore coniorme to the Lawes , ufe and confuetude of this Realme , obferved of auld in matters of purprifion. 6. Anent Bearers and Schutters with Hagbuts and Tifiolets. UR SOVERAIGNE LORD, underftanding that calling and perfewing of bearers, wearers & Schutters with Hagbuts and Piftolets and others ingynes of fire-wark before his Juftice and his deputes, breeds fik trouble to parties and affifours , and fik difficultie in the tryell , that often-tymes innocent perfons, are thereby vexed , and fik as are giltie efchewes their due punifhment , by declyning of the affifours , that beft knawes the veritie of the fact , and other fik fubterfugies and delayes of lawfull tryell. For remeed whereof, his Heighnes with advife and confent of his Eftaits of Parliament , Statutes and ordeines, that the Bearers and Wearers of Hagbuts and Piftolets , and others ingynes of fire-wark, who hath neither committed flauchter nor mutilation , nor other odious violence there- with , but onely borne and worne them upon their perfons, or in their companies , contrair his Heighnes Lawes , and Acts of Parliament , may be either perfewed criminallie before the Juftice and his deputes , according to the Cuftome heretofore obferved , or be- fore his Heighnes, and the Lords of Secret Counfell , and lawfull probation of witnes , or eath of partie , at the option of his Heighnes Thefaurer or Advocat. Pr ovyding alwyfe , that fik as fhall be perfewed before his Heighnes , and Lords of the Secret Counfell , and tryed by probation of witnefles , gilty of any of the faids cry mes, fhall not incurre thecorporall punifhment prefcryved by the former Acts, be amputation of the right hand, but onely to be punifhedby warding of their perfons, efcheit of their goods movable or payment of fik a pecumall penaltie and fumme of money , as his Heighnes and Lords of his Secret Councell fhall decerne; but prejudice any wyfe of the execution of the former Acts of Parliament , a^ainft fik as fhall be criminallie perfewed, convict and found gilty by a conding affile before his Heighnes ainci Juftice generail, or his deputes forefaids, incafe his Majeftie like rather that they be perfewed criminally before the Ju- ftice, nor before the Secret Counfell. And farther, his Heighnes and Eftaits forefaids, annuls & difcharges all licences