Page:The Laws and Acts of Parliament of Scotland.djvu/129

 THRIT) PARLIAMENT. XXII. of Janwr. 1^8. 109 THE T H % R I D PARLIAMENT O F KING JAMES THE FIFTH, Halden at Edinburgh, the twentie twa day of Januar, the zeir of God, aue thoufand, five Intndreth, twentie aucht zeires. 5-. The maner of arreifiments to be maid be the Cr owner. TEM, It is flatute and ordained , that Crowners in making of their arreifiments, fuld pafle to the habitation and dwelling place of perfones, given them in portuous', indicted to die aires, and thereafter make open proclamation at their Paroch Kirks,' upon Feftival daies, quhilk fuld ftande for fufficient arrieflraent , howbeit it maid na mention in the faid a&e, gifthe faidis perfones were ftreinzieable for the unlaw, or not : Quhair-throw , our Soveraine Lorde, hes bene greatly defrauded be the Crow- ners, inhaldingofhis lafte juftice aires, and giving of all vagaboundes and divours, not being diftreinzieable for the unlaw : Therefore k is flatute and ordained, that irl all times cumming, that quhair the Crowners makis ony fik arreifiments upon perfo- nes at their dwelling places : And thereafter at their Paroch Kirkes, that they take ficker foveritie of them, fik as they will fland for, to the Kingis Grace : And gif that the faidis perfones fvva arreifted , be not ftrein- zieable, that the Crowner arreifl their gudes, and put the famin in furekeiping, to the Kingis ufe , quhill the faid fovertie be foundin : Or elfe take their perfones, and put them in the Kingis Caftel, if ony be with- in the Schire : And gif there be na Caftel to die SchirefTe of the Schire, according to the aftes of Parliament maid thereupon of before: And failzieing thereof, the Crowners to anfwertoour Soverain Lord, for their unlaw. 6. The maifler fidd anfwer for his man in the Jttflke aires. ITEM, It is flatute and ordained, that everie Lorde, Barronne, and Free-halder, anfwere in our So- veraine Lordis Juftice aires, forhisawinmen, dwelling upon his awin proper landes , tackes, fleading- es, rowmes and Barronnies within the Schire quhair he dwellis , and fall be halden to enter them to the Law, or elfe to anfvv ere to the Kingis Grace for their unlaw, in all times cumming. 7. The fiver tie may be called for ajfyithmpnt to be maid to the partie. ITEM, It is flatute & ordained,that quhair ony perfon or perfones happenis to take diem to our Soveraine Lordis rcmifllones, refpet , or compofition in the juftice aires , or juftice courts, for ony action, except flauchters, or mutilations, and finds fovertie to aflyith the partie : It fall belefumto the partie to call the faidis foverties, quhen they pleafe , before the Lordes of Councel therefore : Quhilk aclions fall be privi- ledged to be called in all times, baith in the Sefllon, and out-with the Seftion : Sick-like as recent fpulzies. And as for flauchter and mutilation, to keip the ordour of the aft maid thereupon of before. 8 . Cdll Burning and fire-raifing is treafim. ITEM, Anent the artickles of flauchters, murthers , burninges •. It is flatute and ordained, that the adles maid there-upon of before, and the auld lawes be keiped, with this addition , that quha cummis and burnis folkes in their houfes, and all burninges of houfes and comes , and wilfull fire-raifinges, be treafon, and crime of lefe-majeftie: Becaufe fik deeds ar exorbitant, and mair againft the commoun weill , then many uther crimes: And diat particular Juftice courtes, or general Juftice aires, be fct thereto, as fall pleafe the Kingis Grace, hisCouncell, and the juftice for the time, with there confent : Providing diat it fall be lief- ful to ony man to perfew and follow commoun diieves and rebelles to take them : And gif diey enter in ony houfe, that it fall be leirTull to invade, breake, and deftroy the faidis houfes, be fire, or utherwaies , to the intent and effecl: of taking or flaying of the faid commoun thieves or rebelles, for quhilk , there fal follow up. on the doers, na paine of accufation, crime, nor offence, bot to be free thereofin all times, FINIS. $ 3 THE