Page:The Laws and Acts of Parliament of Scotland.djvu/108

 88 KING JAMES THE FOVRTH orwedfetting, oronyuther-waies landes happenis to be altered, The tennentes, labourers, andmhabi- tantes onie of the faia landes fall remaine unput foorth, or removed, quhill the nixt terme of Whit-junday followand, payand to the Lord , that fall enter to the faid landes the mailes , and dewties aueht and wont of the faid landes , quhilk bruiking fall induce na pofleflion langer , then the faid WloiUfunday. ij. ^Anent finding oflaisu-borro'wes, ITEM, Itisadvifed, ftatute, and ordained, for the efchewingofflauditer, fore-thought fellonie, and debait, that fall happen betwixt onie perfones in time to cum, be complaint maid to our Soveraine Lord, liisChancellar, or juftice, that the Chancellar or Prefident beand for the time, withi advife of the Coun- cel, and Juftice, with advife of his aflefloures, fall put-quhat paine of fumme of money , that they think ex- pedient, the parties and their a&iones beand confiddered, that thepartie Compleinzieand fall be harmeles andskaithles in his perfon or gudes, but fraude or guile utherwaies then law will. And quhat Judge or Judges that takis this fovertie, that they aft the famin , or put in remembrance in their buik , that it may be fchawintoour Soveraine Lord and his Councel. And fik like paines to be put in flauchter, rebellion, and uther crimes. x8. Anent man-flayers taken, or fugitive: t^Sid of Demembration. ITEM, It is ftatute, that quhair ony man happenis to be flaine or demembred within the Realm , alf- weil within regalitie. as within royaltie, and in Burgh , as to land : Then incontinent without delay, alshaftely, as me Schireffe or Steward, Baillieor Ofnciar of Regalitie can be certified thereof, outlier be partie compleinzieand, or ony uther way , he fall pafle and perfew the flayers or dememberers , ane or maa, and raifc the Kingis home on him, and raife the cuntrie incontinent in fupport , quhill he be over-tane. And gif he may be gotten, he fall incontinent bring him to the King or his Juftice , or els keip him in ficker furetie, quhill the King be certified of him, and have anfwere, quhat he fall do thereto be our Soveraine Lord or his Ju- ftice at his will, or how foorie it pleafeth him, notwithftanding the fourtie daies, or the three funnes conteined in the auld Lawcs : The partie followand beand prefent or warned to be there, gif he will perfew the aclion. And gif it happenis the faidis trefpaffors tillefchew out of the Schireffedome unarreilled or taken, then the Schireffe fall write or fend ane of his Officiars to the Jchireffe of the nixt Schirefdome, and certifie him of fik men that hes done fik fellonie againftthe King, and ar fugitive fra theLawes. And then fall hefirft per- few him or them out-throw die SchirefTedome in the famin maner, as the other did of before without delay. And fwa foorth fra Schireffe to Schir fte, quhill he be over-tane , or put out of the Realme. And gif he hap- penis to flic in the Regalitie out of the Royaltie : the Schireffe fall incontinent certifie the Lorde of the Re- galitie, his Stewarde or Baillie , the quhilk fall perfew the trefpafioures in like manner , as the Schireffe dois, as is before faid. And quhair ever he happenis to be over-tane, that the Schireffe , Sewarde, orBailliescf the Regalities fall incontinent fende him to the Schireffe or Baillie of the nixt Schireffedome, quhilk fall re- ceive him, and fend him to the nixt Schireffe. And fa foorth fra Schireffe to Schireffe, quhill he be put to the Schireffe ol the Rehire, quhair the deed was done. And there fall juftice be incontinent done, as is before faid. And gif it be fore-thought-fellonie to die therefore. And gif the faidis ^chiriffes or Orfkiares beis foundin culpable herein, and he have the Office of heretage, he fall tine it for three zeires. And gif he hes it for termes, to tine it for ever mair. And to abide and underly ane aflife, quhidder he be culpable or not. xo. That Juftice aires be balden twi/e in the zeir. TEM, It is ftatute and ordained for the Handling of cummers, flauchters, riefes, thiefts, extorfions [ and opprefiiones of our Jbveraine Lordis Lieges : That therefore his aires be fet and halden twife in the zier, that is to fay, anis on the corne, & anis on the grafle : J'a that Juftice may be univerfally execute throw the Realme, for the punition of the faidis crimes. And quhair it fall be feene fpeedeful, that our ib- veraine Lord move his maift Noble perfon thereto. And quhair it is not neceffare, that our Soveraine Lords perfon move, that be advife of his Councel , he fend fik-like perfones , as fall be fene fpeedefull for the time, and the countrie that they pafie to. And that all our Soveraine Lordis lieges reddelie anfwere, rife , and cum to them in fortifieing of juftice, as they fall be charged be the Juftice , under the paine to be punifhed as favorers of the faid trefpafioures , and airt and part thereof, and dittay to be tane thereupon , and to be a poynt of dittay in time to-cum. 30. Of the defender nocht comfieiraud. The Schireffe and uther Judges Jit Id execute alldecreetes. ITEM, It is ftatute and ordained, that quhair ony partie hes action and fummoundes againft uthers, and the defendour compeir not in proper perfon, or be his procuratoures , he fall pay the coiftes and skaithes of the partie compeirand, and ane unlaw of fourtie Ihillinges to the judge , within twentie daies after the decreet of the deliverance be given thereupon, or they be heard in judgment : And failzieand thereof