Page:The Laws and Acts of Parliament of Scotland.djvu/136

 -J-— K f NQ " j A ME S THE FIFTH faid is : except crimes of treafon, and lefe-raajeftie. And findis that the faidis Lawes fuld be fa interpreted and ufed in times cumming. 33 . Juftice aires ar peremptour at the fecond diette. ITEM, Our Soveraine Lord , with ad vife of his three Eftaites of Parliament, ratifies and apprievis the afte and ftatute maid of before in his Hienefie Parliament , halden at Edinburgh , the tenth day oljulij, the zeir of God, anethoufand, five hundreth , and twentie five zeires , anentis die Feitihg of juftice aires to the feconde aire , as aire and court peremptour and uther poyntes conteined in the famin , with -correction and addition, as after follow is. ITEM, It is ftatute and ordamed in this prefent Parliament , becaufethe proces of juftice aires , isfalangandprolixt, that in mony zeires , parties that ar hurte and grieved , gcttis na juftice, trefpalTes and crimes paflis unpunifhed , quhiik is occafion of mony perfones to commit crimes, traifting na haftie punition or correction : That therefore in time to cum, the proces of juftice aires and Ju- ftice Courtes be peremptour at the feconde aire or Courte, fvva that fugitives not compeirand at the feconde aire or court, fulde be,and fall be denunced the Kings Rebelies,& put to his Horne,& all their gudes his efcheit. 3 4. The Crowner may arreift fugitives at their dwellingplaces, and the Taroch Kirk. ND ALS, Becaufe mony perfones indicled to Juftice aires, ar charged with fovertie to Juftice ^Courtes, ufis to abfent them and flee, and may abfent them and flee, fwCthat Crowners cannot ap- piehende them perfonally to arreift them : In that cafe in all times to cum, it fa'- Hirfice the Crowner to cum to the duelling place of the perfones indicted, and there make them warning and charge , that they cornpeir in the Juftice aire, then nixt to follow , to anfwere to fik accufations of crimes as fail be impute to them : And thereafter upon the nixt Sunday or Feftival day following the faide charge, that the Crowner make open and publicque intimation of his warning, charge, and premonition , maid to the faidis perfones be their names, in their Paroch Kirkes, quhilkis charges , premonitions, and intimations fall ftande to them for fufEcienr arreiftmentes, the Crowner pricvand the famin be his aith , and ane witnefle , as auld confuetude is. And in likewife, the Kings Offkiares makand warning to private Juftice courtes of ony perfones , for ony crimes not defervand rebellion : In cafe of none-finding of fovertie, that they keipe the famin ordour and proces , quhiik fall be halden and repute for fufficient fovertie foundin, under the paine of lawe, theadfionnotbe- and for flauchter nor mutilation : And ordainis the Juftice Generall, upon ony maner of crimes, committed, or to be committed, to fet Juftice courtes particular, quhen neede is , for punition of particular faultes and crimes that occurris, fik as recent flauchter, mutilation , fire , ravilhing of women. And as for depreda- tions, maifterfull riefes , and fpuilzies , that particular diettes be fet therefore , at the difcretion of the Lordes, the mater being firft civilie decided before them. 35-. The per fewer fidd finde caution far reporting the letters. N D Becaufe divers perfons in times by-gane, lies raifed fiklike letters to particular'diettes , and lies _ abfented baith themfelves and the letters and hes not cum to perfew their actions, and there -throw lies abufed the Juftice, and brocht the cuntrie to greate expenfes. For remeid hereof : It is ordained, that in times cumming , the keipers of the Signet , fall anfwere na letters for calling oi ony perfones and parties , to fik particular diettes : bot gif the famin be fubferived with the Clerke , writer to the Signet, and Juftice Clerk, and his deputes : And that the Juftice Clerk, or his deputes, fall take ficker fovertie oi the parties purchafiers of fik letters, that they fall bring the famin againe to them , or the day fet thereto , dewlie execute and in- dorfat, under the paines conteined in the letters , that the partie is called upon. AND Gif ony perfones be called upon mutilation, and the famin be foundin na mutilation : The partie perfewer, fall content and pay the unlaw often pound, lefleormair, to the partie perfewed, and expenfes totheaflife, at the difcretion of the Juftice, and his aflefioures. And gif ane partie callis ony multitude for flauchter, mutilation, or uther crimes at fik particular diettes , quhair by the innocentes , ar put to great trouble, charge, and expenfes, and it be foundin that the faid multitude is innocent of the dead, the partie perfewer fall pay ane unlaw often poundes, lefle or mair , to the partie perfewed , and expenfes to the afiife, at the fight and difcretion of the Juftice, and his aflefioures , as they diinke caufe : And gif the purchafiers of fik letters, be not refponfal in gudes , for payment of the faid expenfes , their perfones iall be put in prifon, and there to remaine, zeir and day , and further induring the Kingis Grace will. 3 6. The addition of the able ofcurfing. ITEM, It is ftatute and ordained, for augmenting, ftrengthening and helping of the a<fte maid upon curfed folkes, and giving of the Kingis letters thereupon, and to meete frivole appellations: That the Kingis letters fall have place to poy nd and diftreinzie &c. Suppofe it be dewlie appealed, zeir and day being by-pail; the appellant not bringand hame his Commjflion, within zeir and day, Ceffautejufto impedimento. Ana the partie quhome fore the Kingis letters fall happen to be given, findand fufficient caution before the Lordes of Councel , to refound the gudes and geare , that fall happen to be poynded , be vertue of the faidis letters ,