Page:The Laws and Acts of Parliament of Scotland.djvu/131

 FOVRTH PARLIAMENT. VII. of June. i S3s, m the aftes and ftatutes maid thereupon of before , and the paine thereof, fall be in times dimming, for the firft time ten pounde, the feconde time twentie pounde, and the thride time death. And fikljke the unlaw of Mure-burne, after the Moneth of March, in contrair the auld actes and ftatutes, fall be in time cun> ming for the firft time, five pound, the fecond time, ten pound, and the thrid time twentie pound: And fwaloorthatilktime, als oft as they be foundin culpable, twentie pound. And gif they be not refponfal in landes or gudes for the faid unlaw, their perfones to be put in the Kingis Grace prifon, to be puniihed for their fault, induring his Grace will : And to be called heirefore at particular diettes , or general Juftice aires, as the Kings Grace fall thinke maid: expedient. AnditfallnotbelefumtotheThefaurers, or Compofi- toures in times cumming, to compone or fine with the breakers of this acie , for lefle then the paine and un^ law conteined in the famin, ix. Cattle or gudes found within Forrefies, may be efcheitted. ITEM, For keiping of all Forreftes, Wooddes and Parkes, within the Realme , for wilde beaftes and hunting: Itisdevifed, ftatute and ordained, that all maner of perfones , claimand them to have offices of heritage, or tackesofthe Kingis Grace Forreftes, fall be called at fik day and place, as pleafis the Kingis Grace for production and fchawing of their richtes and infeftmentes, be the quhilkis they claime the faidis offices to perteine to them, to be feene and confiddered be the Lords of Councell, and quhat claufe they conteine : fwa that gude rule and ordour may be put to them, for keiping of the faidis Forreftes in time cum- ming, with certification, that quhidder they compeir or not , the Kingis Grace with advife of his Lordes, will difpone upon the faidis offices, and make fik conftitutions, as pleafis his Hienefle , for the gude keiping of the fame, pafturing of wilde beaftes , and hunting there-intil in times cumming. And als ordainis letters to be direct, to command and charge all maner of perfones claimand the faidis offices, to perteine to them in heritage or tackes , that they let na maner of gudes, nolt, fcheepe, horfe, meires , or uther cattle to be paftured within the Kingis Grace Forreftes, under the paine of tinfel of their offices, and efcheitting of their moveable gudes. And gif ony maner of perfon be foundin putting their gudes in pafturing in the faidis Forreftes, that they be taken and brocht to the Kingis Grace prifon, and their gudes loundin in the faidis Forreftes, to be efcheit to the Keepers thereof, and in-brocht , the twa part to the Kingis Grace ufe , and the thrid part to the keipers of the faidis Forreftes.And gif they be negligent and foundin culpable, to be called and puniihed there- fore in their perfones and gudes, and tinfel of their offices. Aud gif there be ony Barronne or uther Landed man, outlier Spiritual or Temporal, that lies haned wooddes or Forreftes of their awin •. It fall be leiffull to them, and the keipers thereof, to efcheit all fik gudes , that beis foundin in maner forefaid , within their Forreftes, to their ufe. 13. For breakers of dowcattes, cunningaires , parkes and fianckes, ITEM, It is ftatute and ordained, that all they that breakis dowcattes, Cunningaircs, Parkes, ftanckes, andtakis or ftealis foorth of die famin, Daes, Raes, Cunninges, Dowes, Pykes, fifh, Hives and Bees, without fpecial licence oftheawner thereof, fall be called and puniihed therefore, as for thieft at par- ticular diettes : And this a&e to extend to them that ar airt, part , or gives affiftance to fik mifdoers, 14. Of flaying of Hares, TEM, It is ordained, that the act maid of before, for flaying of Hares , be obferved and keipe4 in all poyntes. 1 5- . The life-renters, and the Wardatars , fuldfinde caution to the p-opiet ares and ITEM, Becaufe it is un-profitable & inutile, to make lawes and ftatutes fox policie to be had, without the famebekeiped: And becaufe fik ordour and provifion, as is devifed for policie, may failzie be falling ol landes in warde, or giving of the famin in conjunct-fee or life-rente : Therefore the Kingis Grace , with advife of his three Eftaites, ordainis the acte maid thereupon, be the maift excellent Prince , King James the fourth, his Father of maift noble mind, to be obferved and keiped in all poyntes, ratifies and apprievis the famin. And that all Schireffes, Stewardes, Baillies, and uther officiares, baith in Regalitie and Roy-. altie, and fik-like Spiritual men within their landes, and to Burgh, put the famin to execution in all poynt- es: That is to fay, All Officiares within the Royaltie, and Lordes of Regalities , under the paine , of re- founding to the heritoures of fik landes fallen in warde, at their perfite age , of all damnage and skaith , that they fall happen to fufteine throw their negligence ( they being required thereto be the perfone, that is in warde or his friends. ) Andifthewardatours, Ladies of conjunct-fee, or life-renter of fik landes, refufis to finde foverrie conforme to the faid act (they being required thereto ) be the Scireffe, Baillie, Stewart, Proveft, or Alderman in Burgh : That the faid Schirefle and Officiares, ilk man within his awin boundes, charge them to finde the faid fovertie, conforme to the faid acte perfonally , or be open proclamation at the head Burgh of the Schire, quhair the faids landes lyes , within twentie ane daies , nixt after they be charged thereto ? tyider the paine of wanting of the profite of all fik warde-landes, conjunct-fee , and life-rentes , to I
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