Page:The Laws and Acts of Parliament of Scotland.djvu/29

Rh within fourtie daies at the farthest: and be it reid hand, it sall be done within that sun. And gif he escape out of that Schireeffedome un-arreisted, the Schireffe sall write or send ane of his officiates to the Schirefie: of that nixt Schireffedome, and certifie him of sik men, that hes done sik fellonie against the King, and ar fugitive fra the Law, and then sall that Schireffe persew him or them out throuch his Schireffedome, in the samin maner, as the other did before, without delay. And swa foorth fra Schireffe to Schireffe, quhill he be over-tane, or put out of the Realme. And gif he happenis to flie in Regalitie, out of the Royaltie, the Schireffe sall certifie the Lord of Regalitie, or his Stewart or Baillie, the quhilk sall persew the tresspasour in like maner as the Schireffe, as is foresaid. And quhair ever he happenis to be takin, that Schireffe, Stewart or Baillie of the Regalitie, sall send him to the Schireffe or his Baillie of the nixt Schireffedome, the quhilk sall receive him, and send him to the nixt Schirefie, and swa foorth fra Schirefie to Schireife, quhill he be out to the Schireffe of the Schire, quhair the deede was done, and here sall the Law be ministred to the partie, as is foresaid: And gif it be fore-thoucht fellonie, he sall the therefore.

91. He quha is fugitive for slauchter, suld be openlie proclaimed, and his receipters punished.

ND Gif it happenis the man fugitive to escape thow diverse Schireffedomes, that Schireffe or Schireffes, that he hes escaped fra, sall passe to the chiefe Burgh of his Schireffedome, and there gar cry openlie and proclaime, that sik a man hes done to the King sik a fellonie and trespasse against his Majestie and is fugitive fra the Law: and there forbid that na man house nor herberie him, receipt him, or give him support or helpe in onie degree, under the paine of life and gudes.

92. Of slauchter in the Barronnie.

TEM, Gif a man be slaine in thie Barronnie, the Barronne or his Officiares sall arreist him, and gif he be infest with sik freedome, he sall do the Law, as is before said, or else present him to the Schireffe or his Ministers: and escaipe he un-arreisted out of the Barronnie, and afterward it may be knawin be ane assise, before the Justice or the Schireffe, that the Barronne micht have arressted him, and outher for sleuth of favour let him passe unarressted: The Barronne sall pay to the King twenty pundes. And he escape in the default of the Barronne, Serjant, or Baillie of the Barronnie, they beand required or warned, if they be not of power to pay twentie poundes, they sall remaine in the Kingis prison, quhill they over-take the Kingis will thereupon.

93. Of slauchter in Burgh.

TEM, In like maner sall the Officiares of the Burgh doe, gif onie man be slaine within Burgh, they sall take him gif he may be over-tane, and put in suretie, quhill the Judge may be warned, that lies power to do the Law, and gif the Aldermen and Baillies lies na power to do the Law, there the Judge havand power sall receive the trespassoure, and minister the Law within the time foresaid.

94. Of slauchter in Regalitie, and officiars thereof.

TEM, It is statute, that gif ony Schireffe or Minister of Regalitie, that ministeris not the Law, as is before said, and that may be over-taken on him, outher be an assise before the King or his Justice, or be witnessing of gud, worthy & trew men, that is to say, three or foure or five or maa, he sall be in the Kingis prison fourtie daies, and to pay the King fourtie poundes, and the croy to the narrest of the kin of the slaine man.

95. Of the Lord of Regalitie, and Magistrates within Burgh negligent in their offices.

TEM, It is statute, that gif the Lord of Regalitie be warned, and executis not the Law, nor garris his Officiars execute it, as is before said, he sall be in like paine to the King, as is the Schireffe. And gif the Minister of the Regalitie faillis in the execution, as is before said, he sall be punished be the Lord of Regalitie, in maner as the Schireffe sall be punished be the King. And richtswa Aldermen and Baillies in Burgh, sall be punished be the Kingis Justice, gif they failie in the execution of the Law, as is foresaid.

96. Of inquisition of fore-thought-fellonie to be taken be an assise.

TEM, It is statute, that gif onie man bargains outher in burgh or land, quhidder that the partie pleinie or not, that the officiares, that is to say, Alderman, Baillies, or the Serjandes in the absence of the Baillies, sall arreist baith the parties, and that samin day, gif it be before the Sun goe doune, and na haliedaie, sall give them the knawledge of ane assise, quhidder it be fore-thought-fellonie or suddainelie done. And gif it be suddainelie done, demaine them as the Law treatis of before, and gif it be fore-thoucht-fellonie, his bodie to be put in prison, quhill he amend to the partie, be the sight of leill and trew men before the Schireffe, gif it be Royaltie: and richtswa before the Lord or his Baillies in the Regalitie, and before Alderman and Baillies in Burgh, he sall garre amendis bee maid after the quantitie of the trespasse done to the partie, and demained syne as Law will. 97. Of