Page:The Laws and Acts of Parliament of Scotland.djvu/445

XXII. T ARLIAM ENT. XXVIII. of June, i6i 7 4 x 3 have power to command the next conilable: onnab fence of aconftable, his owne fervant , or any other perfon, having a warrand in writ, fubfcrived by the faids Juftice of Peace, with affiftance of the countrey, to bring any fuch partie before him. IV. ] r F either the Sheriffor Bailie fliall condemne any perfon in a bloodwyte, orotherwife convift him in any [paine proper for him to impofe, the Juftice lhallhaveno power of new to fine that o {Tender for that offence: but if they mail finde himnotcondignlypunifhed in regard of the offenfe committed by him, they fhall then inform his Majefties Counfel thereof, that they may take order therewith. And if there be no fatisfadtion made by the Sheriff or Bailie to the partie offended , die Juftices may modifie reafonable fa- tisfaftion to the party offended , hee purfuing therefore before them : and if they fhall finde the fatisfaclion difcerned by the Sheriffor Bailie in favours of the faid partie offended, not condigne nor anfwerable to the offence, and wrong fuftained, then they fliali alfo informe his Majefties Counfel thereof, that they may .'take order therewith as appertaineth. V. IF either SherifFor Bailie , or other Deputies by collufion with the delinquent, fliall fuffer any perfon guilty to be quited or cleared by an Ailife (the partie once cleared , is not to be brought further in queftion before the Juftices) but upon theirjnformation , the Judges are to bee called , cenfured, and feverely punifhed by his Majefties Counfel. VI. TH E faids Juftices fliall hereby have power to proceed upon all perfons , committing ryots, and breaking the Kings Peace , under the degree of Noblemen , Prelates, Counfellers, and Senators of the Col- ledge of Juftice: and to punifh and fine according to the quality of the crime, andtheeftate of the offender. And if any of the faids perfons being charged to compear before the faids Jufticesjhall difobey the fummonds being indorfed, the lawful citation verified and facl: proven, the Juftices fhall punifh and fine the not com- pearing, according to the quality of the crime , andtheeftate of the offender. And for the more clear de- termination of the order which fhall bee kept by the faids Commiffioners in the deducing of any fuch procefle. Our Soveraigne Lord , with advife of the Eftates declareth , That it fhall be lawful to the faids|Juftices whett- foever they have any occafion to move any action againft parties for committing any like fact or riot, to re- fer the firft fummonds to the parties Oaths of verity ( incafe of inlake of other lawful probation) who being perfonaliy fummoned by that firft citation, fhall be holden as confeft , and decreit to be pronounced againft him , conform to the libell and fummonds. And if he be not perfonaliy fummoned by the firft citati- on , the faids Commiffioners fhall be holden to caufe fummond him of new againe , by a fecond fummonds, at his dwelling place: which two citations fhall be als fufficient to infer decreit, and fentence upon the libel againft him, as if hee were apprehended perfonaliy . And which fentence given after the manner and forme of probation above-written ; His Majeftie with advife f orefaid , authorizes and fuftaines as good and lawful in themfelves. And concerning thefe perfons of higher degree , the faids Commiflioners fhall ufe all their power for preventing and flaying of the riots , commanding the attempters in his Majefties name to ceafe, and to finde caution for keeping of the peace, and for their compearance before his Majefties Counfel. And if any perfon , being charged to finde caution , and refufeth or delayeth to do the fame , and in the mean time contraveeneth the faid charge , by committing of fome deed betwixt the time of the charge and finding of the caution: neverthelcfle he fhall be anfwerable for the paine from the date of the charge , like as if caution had been then found. VII. THE faids Commiffioners fhall put his Majefties Acls of Parliament to due aud full execution againft wilful Beggers and Vagabounds , Solitarie and idle Men and Women , without calling or trade, lurking in Ale-houfes, tyed to no certain fervice , repute and holden as vagabonds : and againft thefe perfons who are commonly called Egyptians : and they fhall punifh and fyne their recepters , and fetters of houfes to them ac- cordingly , by fuch competent paines as is proper to them to injoyne; VIII. TH E faids Commiffioners and Juftices of Peace , arc hereby authorized , with power to give order (as they fliall think moft convenient, and with leatt grief to the fubjefts) for mending of all High- wayes and paffagcs, to or from any Market towne or Sea-port within that Shire : and fhall call before them all fuch perfons as fhall ftraite thefe paflages or otherwayes (as by cafting of Ditches and fufeis thorow the fame) fliall make thofe High- way es noyfomeand troublefome unto paffengers, and fliall punifh and fyne them according to the qualitie of their offenfe. And to the effect it may be known of what breadth all common High-wayes fhould be to Market townes, Our Soveraigne Lord, with advice forefaid, de- clares , that the fame mould be of twentie foot of meafure in breadth at die leaft : and where any are of larger breadth , they ordaine the fame fo to remain unaltered or ftraited : and that the faids Juftices maintaine the fame, with all other wayes from any town in the Paroch , to the Paroch Churches , in the eftate as they are : and where they finde any neceflitie of other wayes from any town in the Parochin to Paroch Churches, they fhall informe his Majefties Secret Councel thereof, who fliall give them ( after fufficient informa- Mmm z tion)