The firft Parliament of Aft 5 28. And who (hall refufe to accept the Charge, and not to give his Oath for dutiiull execution thereof, fha.ll be imprifoned, and fined at the difcretion of the Juftices of Peace at their next feting. Followeth the Oath to be taken by the Conftables. T Do pwear, that T fhall faithfully and truly dif charge the Office of Conjfabultiry, 'within the I Taroch of, ckc. induring the time appointed to me, and /hall not for favour, refpesJ. or fear of any man, forbear to do what becometh me in the faid Office: and above all things, I /hall regard the keeping and preferving, of the Kings Majefties Teace, and (ball at every Quarter Seljion and meeting of Juftices, give true and due information of any breach which hath been made of His Majefties Teace, within the bounds of my Commandment ; and Jhall no way hide, cover, nor conceal the fame, nor any of the proofs and evidences which 1 can give for the clear- ing and proving thereof: So help me GOT). All the Conftables, or at lead one of every Paroch intruded w r ith power to anfwer for the reft within the faid Paroch, fhall attend at every Quarter Seffion ; their to giv© information ofallfuch breaches of the Peace, and other mifedemeanors as have happened within their bounds, fince thepre- ceedincr Sefllons, and have come to their knowledge ; and ihall no way hide, cover, nor conceal the fame, nor any of the proofs and evidences which they can give for the clearing and proving thereof ; and otherwayes to give the Bench further information in any thing wherein they fhall be required, and to receive from the faids Juftices at the end of the Seffion, fueh order and direction, as they lhall enjoyn and appoint. Every Conftable, in their refpe&ive Paroches, lhall apprehend any fufpicioUs perfons, who are night walkers, and cannot give a good account of themfelves, and carry them to the next Juftices of Peace, to find Caution for their good behaviour, or otherwife be Commired to Prifon ; and the faid Conftable, or Conftables, fhall ftay and arreft all Vagabonds, fturdy Beggars and ^Egyptians, and carry them before fome Juftice of Peace, who (hall take order for their commuting to Prifon, or other puniihments, according to the Statutes of Parliament. Every Conftable, in their refpeclive Paroches, lhall arreft all idle perfons, whom they know to have no means to live upon, and will not betake themfelves t© any Labour, Trade or Occupation; and ihall carry them before fome Juftices of Peace, who after examination fhall either commit them to Prifon, or taks furety of them for their appearance at die next Quarter Seftion. All Conftables in their refpedlive Paroches, ihall apprehend every perfon or perfons, that fhall be guilty and cuplaple of Slaughter, Murther, Theft or any other culpable crime whatfoever, and fhall requi re his Neighbours to aiiiit; for Jai'e conveying of fuch perfon ro perfons, o3 th® next Juftice of Peace who fliaU commit him or them,, to take Surety according to the Iiiftru&ionsgiventothe'Jufticeof Peace in fuch like cafes, And ir any perfon or perfons, fhall refufe or delay to aflift the faid Con- ftables, in executing his or their offices, fuch perfons, for refufing or delaying, fhall be imprifoned, or otherwife puniihed by the laid Juftices at their Seflions. All Conftables ihall arreft any perfon not being in His MajesJies fervice, who fhall be found wearing of Hagbuts, Guns or Piftols in any fort, and fhall carry them before fome Juftice of Peace, who is either to take fecurity for their appearance the next Quarter Seffion, or commit them prifoners till they do the fame, unlefTe they be Licenced from the Council, or fome impowered from them to give fuch Licences. Upon the appearance of any Fray or Stir betwixt parties, the Conftable lhall require the affiftance of his Neighbours, for Hindering of the parties; and if there be any harm done to the Conftable, of or any of the Aftiftance, by them who made the Fray, they fhall be puniihed by the Juftices at the next Seflion. When any perfon or perfons, have made a Fray, and then flee to an houfe; The Conftable- or Conftables may follow to the houfe, to open the doors; which if he or file fhall refufe, he lhall take notice of the Mafter or Keeper of the houfe, and require witneftes thereon ; and albeit the Delin- quent fhall flee further, without the bounds of the Conftables charge, yet may the Conftable follow and apprehend him in a freih purfute, and crave concurrence of the Countrey for that effea. The Conftables in every Paroch, fhall execute all fuch Precepts and Warrands as they fhall from time to time receive from the Juftics of the Peace. And that the faids Conftables may have fatisfaclion for their travels and pains, Our Soveraign ' Lord, with advice forefaid, Ordains the. faids Juftices to give up particular Notes in writ, to the Audi- tors of His Majefties Exchequer, of the Fines in-brought to them, that out thereof, fuch meafureand fatisfaction may be appointed and given to the faids Conftables; and alio to the Clerks .of the PeaCe as may recompence their travels ; wherein if it .fhall be found, that the faids Fines fliali not be fu'fEciefit, the faids Lords of His Highnefs Chequer, fhall appoint fuch further fatisfaftion to them, as in their difcretion they fhall think their labours and diligence do deferve, and caufe them be paid of
Page:The Laws and Acts of Parliament of Scotland.djvu/614
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