Page:The Laws and Acts of Parliament of Scotland.djvu/92

r 4 KING JAMES THE T H R I T> THE FOURTEENTH PARLIAMENT F KING JAMES THE T H R I D ; Haldeti at Edinburgh, the fir ft daie of October , the zeire of God, ane thoufand , foure hitudreth, auchtie feven zeires. 98. For in-bringing of tre/pajjbures , and defending of them at the Barre. % L S W A , Becaufe our iSbveraine Lorde , lies fa gratiouflie applyed him to the I counfelofhis three Eflaites at this time, inallthinges concerning them , and " the commoun profite of the realme, & benignlie granted to them all their defire & requeftes , that they have maid to his Majeftie , all the Lordes Spiritual and Temporal, Barronnes, Free-halders , and Communities of the Eftaites of the Realme, lies freelie granted , that everie ilk ane of them for himfelfe , fallfaith- fulliepromifeandfweare, that they fall not in time to cum , manteine, fortifk, fupplie , defende , nor be Advocates , nor Itande at the Barre with manifeft trai- •^^^i toures, nor commoun menflayers , thieves, rievers, nor uther trefpafloures, ^^il^il nor perfones perteining to themfelfe or utheris : Saifand it fall be leiful to them in fober wife , to ftande with dieirkinneand friendes, in the defence of them in honeft a&iones : Bot that they fall at all their gudlie power, bring, or gar bring trefpafloures to Juftice, and underly the Law , but diffimulation , qulien ever they be required or charged thereto , be O U R S O V E- RAINE LORD, or his Juftice. And als then at all their power and knaw ledge, fall give their counfel, helpe , fupplie , favoure , and afliftance to inquire and get knawledge of the faid trefpafloures for execution of juftice upon them , after their demerites. And that the Lordes of the Regalities , and all utheris , Spiri- tual and Temporal , that lies jurisdiction of Courtes , nor their Baillies fall not fell ony trrfpaflbures, nor fine with them nor fall not for love , favoure, affection , or meid , or rewarde leave juftice undone. And that ilk ane of them fall make fuith-f aft and true relation to our Jbveraine Lordis Chancellar or Juftice , quhen diey fall be required of the perfones that dois in the contrair hereof. And quha fa beis convict and attainted of the breaking of the poynts and articles foirfaid , or ony of them , fall be punifhed after the forme of the Kingis Laws , and of Regiam Majeftatem : And the ftatutes maid be King JAMES the Firft , and King JANES the Second , our Soverain Lords Grandfchir and Father. 9 9 . Of arreifting of might ie and difobedient perfones to the Juftice aire. ITEM, It is thocht expedient , ftatute and ordained for the gud of Juftice , in-bringing of trefpafloures to the Law , and punifhing of them , that in time to cum , quli&n the Crowner receivis his porteous and traiftis, that there be ony periones conteined in the famin, that will difobeie him,that he dare not, nor is not of power to arrieft : In that cafe the Crowner fall pafle to the Lorde & Barronne of Barronnie,quhair that perfon or perfones dwellis and inhabitis. And gif he dwellis not within a Barronie , he fall pafle to the Schireffe oi rheSchire, and fchaw his porteous , that he lies fik perfones conteined therein, and inquire and aske , gif that Lord, Barronne, or Schireffe will be fovertie and Borgh for thay perfones or perfon, to enter them to the juftice aire,fen they dwell within their Lordiliippes, Barronnies & boundes. And gif they grant thereto,he fall deliver them the names of the perfones , that they cum borrowes for , indented in writ, fealedorfubfcribed with their awin hands. And if they deny and refufis the fovertie or borgh , he fall ask and require the faid Lord, Barron or Schireffe in the Kings name , outlier to pas , or fend their officiars with their houihald and fa- miliars, in fufficient number with the faid Crowner, orftuffe, fortifie and fupplie him in the making of his arreiftment , taking or keiping of the perfon that will not finde fovertie , quhill he De brocht to the Schireffe to be keiped to the Juftice Aire. And quhat Lord , Barronne , or i5chireffe , that denies or refufis the doing thereof, fall pay ten pounde to the King, at the nixt Juftice aire thereafter : Swa that it may be fufficiently proved be the Crowner , that they were required thereto, as faid is. 1 00. Men-flayers charged upon fex dates, andnocht compeirand, fiddbe demmced Rebelies, TEM, It is thocht expedient, ftatute and ordained, that the Acles of Parliament maid of before, atient the punition of flauchter be put to execution, with this addition : that quhair ony perfon committis flauchter,