Page:The Laws and Acts of Parliament of Scotland.djvu/824

%% t_An Abridgement of the refufe, time; from his Office for three years, - — ever, and both the one and the other ihall pay the expences of the Party, and be in the Kings will; and the Tarty plainzeand wrongoufly fhall pay the Judges expen- ces, and be in will: And Judges ordinary ihall be holden toanfwer for their Deputes. And it fliall be leafome for the King to take decifion of any matter that conies before him at his empkafance. fe, that he be put from his Office by the King and his Council for a certain e, and if he faille and do wrong, and be an Officiar of Fee, that he be put and if he be not of Fee, that he be put from it tor Theift or Reiff by broken Borderers, or High-landers, before the Lords of Seflion, or the Iuftices, 'bid. c. S3- ■Xijff. may be purfued either See it in %obbtry and as it was wont to be of before. Jam. 3 par. '"rfadncafe the Ordinary fail in his Office, both he and the Party be fummon- edbefore the King and his Council for Juftice and Reformation, Jam. 3- par. 8. C3 ThataU Civil Aftions be firft purfued before the Ordinaries, and whatAftions are proper for the Lords of Seflion, Ja'.3.p. 14.C.10J. Sec it in batons : But the Aftisonly appointedtoendureuntilthenextParliament. That Sheriffs , and other Ofriciats give the Prccefs , whether it be of Debt, or Brieves to the Fatty, on his expences for each Aft /oBr^nnw allanerly, Ja.4. p. That all' Sheriffs and other Temporal Judges fet their Courts in all Perfonal Actions upon fifteen dayes peremptory, and at that day proceed fummarly , & de piano, Ja. 5. p. 6.c, 72. That all Sheriffs and other Judges make theii Deputes able men, forwhom they will anfwer, and thattheycaufe them be fworn., and that yearly, if conti- nued, at the Head Court after Miebaelmot, ibid. c. 73. That all Judges whatfeever do true and equal juftice, without any partial Coun- cil, Rewards, orBudds, underthe pain of Infamy; andif any rrrurmure them falfly, he fliall be punifhed in femblable manner, providing that Spiritual men be called before their Ordinaries, Ja. 5.p.7 c 104. That the Depute may be Judge where the Principal Sheriff, Stewart, or Baillie is the Furfuer, Ja. tf.p. 6. c.84. Who ftrikes or hurts any perfon before any Inferior Judge firing in Judgement, payes an hundred poundt to the Judge offended : But who ftrikes or hurts any Judge tiring in Judgement, incurrs the pain of death, Ja.6.p. 13C.173. JUDICIAL PROCEEDINGS. The Judicial proceedings under the EngliU) Ufurpers Ratified, albeit the Au- thority was unlawful, in manner fet down in the Aft, Car. 2. p. 1. Self i.e. 12. Aft concerning the Regulation of the Judicatories, Car. 2. p. 2. Seff. 3 , c. 1 6. JURISDICTIONS. All Judgements and Jurifdiftions either Spiritual or Temporal, not approven by the King and Parliament,are difcharged; certifying the Exercers and obeyers thereof, that they Ihall be punifhed as Ufurper s and Contemners of the Kings Au- thority, Ja.6p- 8.c. I3i- JUSTICE AIR, COURT, and CLERK. Atturneys in the Juftice Air lhould be honeft fufficient perfons, Jam. 1 . par. 3 . cap. 53- That the Juftice pals through the Couuttey twice in the year, afterthe old Laws, Ta. 2. p. 3.c j. p. 6.c. 12. p- r4. c. 70. once on the Grafs, and once on the Corn, Ja. 3- p- 13.C. 94- Thatjuftices, downers, and others making courfe through the Land, ride in competent and eafie numbers, Ja. 2. p. 6. c. 20. That the Juftice Clerk reveal no mans Aftion, nor tranflate any Aftion othet- wayes then was given him, but for the better to the King, nor change names one for another, nor put any out of the Rolls without command of King and Coun- cil!, under pain oftinfell of his Office, andhis Honour and Goods to be at the Kings will, ibid.c. 28. Juftice Airs need not be continued, but continue of themfelves until diflblved by the Juftice, Ja. 3 -p. J. cap. 39. All perfons Arretted to the Juftice Air, that may be apprehended in the Town the time of the Air, Ihall be taken and delivered to the Jultieesfoi to be juftified, Ja. 3,p. 7. c. S9. That the Juftice in his Air in the head Burgh of the Shire may give an Affile to all Inhabitants of other Burrows of their own Nighboun, and faiteieing of them of thefe of the faid head Burgh, Ja. 4. p. 1 . c. 1 ■ That Juftice Airs be held rwice in the year, as above, and that all rife and come to fortifie the Juftice, as they fliall be by him charged, under the pain to be pu- nifhed as Art and Part with die trefpaflburs , Ja. 4. p. 3 . c. 29. That the Juftice Clerk take forth all Statuteshaving pain of Dittay in the end, and take up Dittay thereupon, Ja. 4 . p. 4. c. 45. That Juftice Airs be kept for Do-wart, Glentvwart, Mowmore,Lochaber, ^Ar- gilexad Bute, as in the Aft, la. 4. p. 6. c 60. ThattheProcefsofluftice Airs or Courts be peremptor at the fecond Air or Court, fo that Fugitives not then coropearand, fhall be denounced, and their Goodsefcheat, la. s.p.4C33. The Iuftice General may fet particular Iuftice Courts upon any manner ofCrimes, as recent Slaughter, Mutilation, Fire, Ravifhing, &c. And for Depredations, Reiffs, and Spuilzies, thatparticularDietsbefetatthedifcretionof the Lords of Seflion, the matter being firft Civilly decided, ibid. c. 34. That no Precept for Continuation of any Iuftice Court be admitted by the Iuftice or his Deputes, la. 6. p. 1 1 . c. 79. Thatluftice Airs be holden twice every year, over all the Shires, ia^pril and OSober; And that the Juftice General, or his Majefty under the Quarter Seal, make eight Deputes of the Lords of Seflion, orexperimented Advocats, two for each Quarter of the Realm, with a Depute from the Thefaurer, and another from the Juftice Clerk; And that Stewartries and Bailliaries come to the headBurrows of their Shires : That thefe Iuftices be received at their entry in the Shire, by the She- IiffPrincipal, or his fufficient Depute, and all the Free- holders warned by Procla- mation for that effeft, who ihall convoy, attend, and accompany them till they be received by the next Sheriff That the faids Iuftices upon the mom after their coming to the head Burgh Fence the Air, call the Suits, and try Offenders, Frifo- ners by an Aflife, thereafter call Pledges and Cautioners. And thirdly, the Per- fons newly Indited and Arretted, thattheydireftrreceptsfor Summonsing Afli- fers, each perfon under the pain of fourty pounds: and that the Air being ended, they give a fiibfcribed Extract thereof to the Thefaurers Depute, for up-taking and compting for the Sums therein contained; in the firft end whereof the'eharges of the Juftices and Clerks are to be allowed, as rhey fliall be modified by the Exche- quer. That to prepate for thefe Iuftice Courts, the King with the advice of the Chancellor, Thefaurer, and Iuftice Clerk,give Commiflion to Honourable Land- ed men in each Shire, in number fet down in the Aft, with four of the Council of each Burgh within it felf, who fliall be the Kings Juftices, and have power to take up Dittay by themfelves, or a fworn Inqueft, or fworn men, of greater Crimes,nnd either to apprehend the peifons dilated, or deliver them 111 portuous to the Crown- er every moneth, that he may fecure them to the next Air, and for leffer Crimes to do Jufeice themfelves; and tor that end to meet four times in the year, firft of May, filftof ^iugufl, firft of November, audfirft of February : As alfo ro direct their Precepts to the Crowners, and to Sheriffs, or Officfiars of Arms for!>uin- monding Aflifes, each perfon uuderpain of ten-pound) , and that they fend their ■Extracts to the Thefaurer, and have their Expences allowed, as above: and thefe Juftices of both forts to endure for a year, and farther during tUe Kings will , la. 6. p. 11. c. 8t. That the Iuftice Clerk, orhisDeputes, within fix dayes after the return of Cri- minal Letteis, deliver the names of the peifons denounced, with a note of the caufesto the Thefaurer or his Clerk; as alio the Aft of Adjournal, with thePre- cept thereon, to denounceperfons finding foverty and not compearand,Fugitive, within the like fpace after they be decerned, thai the efcheais may be raken up, la. 6. p. 12. 126. Who ftnkes or hurts any perfon before the Lord Iuftice or his Deputes firing ia Judgement, incurrs the pain of death, la. 6 p: 13. c 173. Act concerning the Regulation of the Iuftice Court, fuppreffing the Iuftice De- putes, and adding five Lords of Seflion to the Iutiice General and Iuftice Clerk, and appointing four of the whole number to be a quorum, except in Circuits, with rules anent the proceedings of the Court, Car. 2. p. 2..Sefl.3. c. 16. ButintimeofVacanceof the Seflion, three of the faid Commiflioners are de- clared a quorum, and appointed to meet at Edinburgh in July yearly, far. 2. p. 3. cap. 22. JUSTICES of PEACE. That his Majefty appoint yearly in every Shire fufficient Gentlemen living with- in thefame. tobelufticesandCommilTionersforkeeping thePeace, who fhould prevent and fupprefs diforders, as in the Aft: As alfo, they are ordained to give true advertisement to the Lords of Council, Iuftice General, and others whom i; effeirs, of the names of the beft Witnefles and Affifours to be Summoned in all Crimes that fhall happen to fall out in the Shires, thatfuch as are unable to travel, oiignorant, maynot be vexed, Ia. 6.p. io.c.7. Ratification of the Articles and Inftruftions given by his Majefty to the Iuftices ofPeace and their Conftables, I. 6. p. 22. c. 8. -^Bnoi6i7. ( See them as renewed ^Anno 1 661. in the Ait then made.) The Aft 1 6r 7. again Ratified and Confirmed, with power to the Lords of Privy Council to impofe penalties on Iuftices that keep not their meetings , as alfo to amplifie and enlarge the power of the Iuftices, as they fliall fee cauie, Car. 1. par. i.e. 25. Commiflions and Inftruftions to the Iuftices of Peace and thei r Conftables: The Iuftices of Peace are to be nominal by his Majefty and his Succeffors, and at their firft meeting are to fwear the Oalhs of allegiance, mddefideli, &c. They fhould meet four times in the year, the firft Tuefdayes of March, May. and ^Augufi, and laft Tuesday of OSober, where they fhould adminiftrat Iuftice, fet down Fees for Servants, and Prices for Crafts , choofe Conftables, difpofe of Fines, and continue or adjourn their Seffions. Any one Iuftice upon complaintof aParty, fwearing that he hath juft cauii to dread anorher, may bind theotherunderafumto the peace, and commit him till he find foverty; or without complaint he may bind both , unlets thsy purge themfelves by Oath of mutual grudge; and thefe Bonds to be kept by the Clerk of theFeace. A Iuftice of Peace may call and compell any man to come before him, if his Rent exceed not Ten Chalder of Victual; and if fuch a Perfon refufe, the Juftice may infotm fome of his Majefties Privy Council, thathe may be fined. If the Sheriff or Baillie harhfentensed an Offender, the Iuftiees hare no more power: But if no fatisfaftion be ordered to the Party, they may modifie, orifthe pain or fatisfaftion be not condign, they may reprefent it to the Council. And fo if any Party be through Collufion acquitted by an A ffife, the Party once cleared, is not to be farther queftioned, but upon their information, the Judges ale to be called, cenfured, and punifhed by the Council. The Iuftices have power to proceed on all Perfons committing Ricts.,and break- ing the Kings Peace under the degree of a Nobleman, Prelate, Counfellor, or Se- nator of the Colledge of Juftice, and to punift and fine : And they may referr to Oath, or hold the Party as confefled, if perfonally apprehended, in the firft Cita- tion, or on the fecond Citation at his dwelling houfe: And for thefe of a higher degree, rhey may charge them to find Caution for the peace, and for their com- pearance before the Council. They fhould execute the Aftsof Parliament againft Beggers, Vagabonds, Idle Perfons, and ^Egyptians and their Refetters. . -. .» . They lhould give order for mending of High Waves to, or from, Mercat Towns, or Sea Ports.and punifh fuch as wrong them : And the breadth of Waves to Mercat Towns is declared to be twenty foot at leaft,and where larger^ they are not be ftrait- ned: And they lhould maintain the Wayes to Paroch Kirks, and where they find need of a new Way, inform the Council They fhould execute the Laws againft Cutters and deftroyers of Planting, green Wood, Orchards, Gardens, Hainings, breakers of Dowcats and Cunningairs, flealers of Bees or Hives, lifers of Setting Dogs, flayers of Red and Black Filh and, Smolts in forbidden time,Fowlers in other mens Lands,makers of Muir and Mofs- burn, fetters of Cruives, Creels, and Nets in Waters or Dams, keepers of Cruives and Zairs in forbidden time. And that Commiflions be granted to them to try and fine the (aids Offenders, with warrand to proceed by WitnefTes, or Oath of Par- ty: Butthey may notmedle with fuchasarenQtintheirmftruftions, or atecon- veened before any other Iudge- And farther, this is declared to be without pre-* judice of all other mens Commiflions or Rights. They fhould inform the Council, Thefaurer, orAdvocat,, atleaftonce a year, of Fore-ftallersand Regraters. If the Baton and Matter punifh not the H.oaftlet for refet of Rebels, Vagabonds^ Mafterlels or lufpeft Perfons within fifteen dayes, the Iuftices may fine them in Jourty /billing) for the firft,fo»r pound: for rhe fecond, and ten merks and lots of Li- berty for the third fault, without prejudice to the greater pains wherein they may be lyable. That they inform as faid is of the breakers of the Acts againft Malt- makers. They fliall fet down orders in the time of Plague, and punifh difobeyers. They may compell Servants tofcrve for their Fees, and alfo Matters to pay them. They fhould take notice that Frifon-houfcs be kept up, and inform the Council where they are wanting. They may rate Paroches for weakly rate, not exceedingjfr/f, nor under one foil- ling, for the intertainment of poor Prifoners, and fee it appf ied. All Magiftrats and Keepers of Prifons thallreceivetheirPriibners, the Juftices feeing to their intertainment. The Juftices fhould fet prices for Tenny Bridells, Shearers Fees, and Crafts- raens work. They fliould caule tingle and double Ale be Brewed , and appoint ViGters with confentof the Baron and Matter, and punifli Drunkards- Three Juftices of Peace are declared a full number to decide in matters betwirt Seffions. Jufticesof Peace are not chargeable on Letters of Caption. They lhould take care that Linlithgo-w Meafure be univerfally ufed , and that there be a conformity in Meafures and Weights betwixt Head Burghs and Coun- trey about, and for that end they may require a Note of the Magiftrats and Dean of Gild, oftheir Weights and Meafures, and inform the Council of any wrong. When required they fnall order their Conftables to apprehend contemner* of Church Ceiifiires. They fhould keep the Quarter Seffions. They fliould appoint a Cclleftor who fliould find Caution. Juftices under the degree ot a Lord of the S eflion may have fottrty /billing) per abfent