Page:The Laws and Acts of Parliament of Scotland.djvu/610

4° Tre-firft-f&r-hdmt^t <f A^;8. Item, They ihall inform the kings Majefties Council, and His Highneis 1 reaiurer, or Actvocac, at the leaft once every year, of Foreftailers and llegraters oi Mercats, that order may be taken vvhth thorn, conform to the Acts of Parliament. It ihall not be leafome to any Hoaftlar, to reflet any Mafterlefs Men and Rebels at the Horn, any Vagabonds, or other perfons guilty of known Crimes, or ufmg Stouth and Real, under the pains un« " detwritten.- To wit, fourty ihillings to be incurred by them for the .firft fault, lour pounds for the fc- cond, and tenmerks for the third; together with the iofmg'the liberty of Brewing : The incurrers of the which pains, ihall be punilhed according .to the order tbtefaidjtw the Barrons and Mafters of die ground whereupon the Hoaftlar dwelleth, within thelpaceof fifteen dayes after the committing of the tact ; andii the faids Barrons and Heritors, neglect to do the lame, within the faid fpace, it ihall be lawful to the faids Juitices, topurfue and fine the Delinquents in their Courts, according to the pains fcrefaid, and to uphit the fame from them; without prejudice aiwayes of whatfoever Acts, made a- gainfc the faids HoafUars in the Barron Court Books, under whom they dwell, bearing any higher pain, then as is let down in this above- written Act, and alfo without prejudice of all Addon, Criminal or Civil, competent of the Law, againil the faids HoafUars, in cafe they be under the danger thereof, which ihall not be taken away by any punifhment, fet down, and to be intuited , comorm to this Act. Item, They ihall inform the Kings Treafurer and Advocat, of breakers and contraveeners of the Acts of Parliament, made againft Malt-makers, that the tranfgrefiors and contraveeners thereof may be puniihed, conform to the Tenor of the laid Acts. They ihall let down order in the Countrey, for Governance in time of Plague, and ihall puniila feveriy the difbbeyers of the. order appointed by them according to the qualitj of the Delinquent. ; They ihall 'appoint at the Quarter Jeflions to be kept in Augufl and ietrnary, the ordinary Hire arid Wages of Labourers, Work-men and Servants, and who ihall rciufe to ierve upon the pricelet down by them, iliall be imprifoned, and further Puniihed at their diicretion: and to the effect Ser- vants may be die more willing to obey the Ordinances to be made by the faids Juitices, for the faids Fees, the faids Juitices ihall have power to decern, and compel the Mailer to make paimeiitof the Fees, appointed by their Ordinance, in cafe the Servants plcaie rather to purfue for the ^.ne be- fore them then any other Judge. The faids Jufiices ihall take notice in all Sheriffdoms, where there are any Goals, and "Frifcrr-houfes, within any Burgh, that the fame be kept up and not fufiered to decay cr become .runuu- ■ and if there be any Shire, where : there is not any Goal or Friion-hcule, 'they fi all inform His Maj (files Council thereof, that they may appoint .and give order ;or building Ci one within the Head Burgh of the Shire, and according to the directions to be. given thercaiicnt, the jt-luctj, ihall be hoiden to proceed. . . And becaufe there be a great many of Prifoners apprehended and committed, who having no means of their own for their maintainance and entertainment, ' will othtrways iamiih and ftrave before they can come to their tryal, who not the iefle, in regard ot the crimes committed^ can no wayes be put under furety, cr otherwayesj in faults of kf e ctmtqueice, are unable to find luffcient Caution to be made forth coming and anfwerable at the next Seliion; Therefore it iliall be lawful to the faids Commifhcners and Jufiices, at their Quarter Seffich, to rate every "Farccli for a Weekly proportion, for the entertainment of thofe poor Prifoners; providing they do not exceed the fum of five fliil-' lings Scots money at the. moft, nor under one ihilling.at the leaff •;. which fum ihall be uplifted for tnatuieby theMinifiet or Reader who. iliall ferve at every Parccli, ircm fuch Deacons, Who ihall be appointed to collect the fame ; and the faids fums to.be delivered by theConflable of the Parcch, at the Quarter Seflioiis, in pretence of the whole feencH then conveened, to/uch perfens as the faids Jufiices ihall truit therewith, and who accordingly ihall make dpe account in paying the Jaylois fuch rates .as ihall be aiiowedfor the poor Prifoners, and making. the teft r forth coming for fuchufe and intent of the like nature, as the faids. Jufiices fhail appoint. _ tic.es, caufing fatisfie for their entertainment; and if any Magiitrates, or their Jailors, fuffer any perfonsy commited by the Jii faces to their Prifciis,to eicape, thcr ihali be condign^ puniihed therefore, at the difcretinn oi Ills Maj e flies Council. Item, OurSoveraign Lord, with advice forefaid, Ordains the faids CcmnuificJiers, to fet a price upon Craits-mens work,and upon the Ordinars of Penry-Bridals, together with the price of ..Shearers Fees, and to puniih the contraveeners, as appertaineth. , Ihey ihah cauie fufficieiit fmgle and. double Ale to be brewed in every Shire, and fball appoint Vifitorsto that effect, with conlentof the Barron and Over-lord of the ground: The) iliall letdown Acts againii notorious and common Drunkards, and impofe fums upon the Contra^ eeners, according to their qualities and deferts. Our