Page:The Laws and Acts of Parliament of Scotland.djvu/306

 ^ „ a g 4 KING JAMES THE S E X T 88. Of 'per fines to be fummound ', to pajfe upon AJfifes. LIKE- Wayes it is ftatute and ordained, that na Qfficiar , nor Ofliciares fummound onie maa perfones uponaffifes, in time cumming, nor fourtie five perfones , to be given in roll , fubfcribed be the partie purchaferofthefaidis letters: Or aneNotar in his name. Nor zit put out, nor put in the faidis Roll, onie perfones for gratitude or gude deede, under the paine to be called therefore" , at particular diettes , before the Juftice or his deputes , and punifhed as commoun oppreffbures to the death. And that Dittay be tane of all fik Officiars , as lies ufed, or fall ufe the fame , and they to be called and punifhed therefore, as faid is. I 89. Falfe Cuftomers and fe archer s , Jidd be punifhed. T E M , It is ftatute and ordained , that all Cuftomers and Searchers , committand fraude in their Office, n be over-fight of the tranfporting of forbidden guddes foortli of the Countrie, for gratitude given to them, fall be called therefore at Juftice aires, and particular diettes , and punifhed in their perfones , at OUR SOVERAINE LORDIS will , And all their moveable guddes , to be efcheitted to his Hienefleufe, in-cafe of their conviction. 90. The hail/ Traces and probation, fall be ufed before the ajfife , in prefence oftljs partie accufed, and his Trocuratoures. UR SOVERAINE LORD, Confidering the wranges alleged fufteined be diverfe Noble-men, and utheris Lieges of this Realme, being accufed of treafon , be follifting , boafting, andminacingof the affile, after they were inclofed: The accuferes and utheris perfones their favourers, having libertie to pafie to the faid Affife, and to produce to them fik vvrittes and vvitnefles, and uther probation , as they pleafed, to verifie the crime, outwith the prefence of the parties accufed : Quhairbythejuftdefenfe of their lives, landes and honours, was taken awaie. THEREFORE our faid SOVERAINE LORD, with advife and confent of the three Eftaites of this prefent Parliament, lies ftatute , declared , and ordained , that in all times cumming, the haill accufation , reafoning, writtes, witnefles, and uther probation and in- ftruclion quhat-fum-ever of the crime fall be alledged, reafoned and deduced, to the Affife, in prefence of the partie accufed, in face of judgement , and na utherwaies. And that all and quhat-fum-ever Lieges of this Realme, accufed of treafon , or for quhat-fum-ever crime , fall have their Advocates and Procuratoures, to ufe all the lauchfull defenfes, quhom the Judge fall compell to procure for them ; In-cafe of their refufe, that the fute of the accufer be not tancpro confeffo. And the partie accufed, prejudged in ony forte , before he be convicled, be lauchfull tryall. And to the effect, the faidis Advocates and Procuratoures , may the mair freelie and willingly do their Office, in the Premises : our faid SOVERAINE LORD, with advife and confent forefaid, annullis , caffis and refcindis, ail and quhat-fum-ever Acles of Parliament , and utheris ftatutes maid be him, or onie of his Predeceflbures of before, in contrair hereof. 91. Of i_Affifoures doubt and, and inclufwg thereof. T E M, It is ftatute and ordained , that how-foone the haill perfute, defenfes and anfwers thereto, ar fullie _ heard be the Affife, gif onie of the faids affifoures lies ony doubt, quhairof they wald be refolved : That they propone the fame openlie, in prefence of the parties, in face of thejudgement , before they pafle out of judge- ment themfelves. And imrnediatlie after that the faid affife lies chofen their Chancellar, the Clerk of the Ju- fticiarie, fall inclofe the faid affife them allane, or in an houfe be themfelves, and fufrer na perfon to be prefent with them, or repaire to them in ony waies, nather Gierke nor utheris, under pretenfe of furder information, refolving of onie doubt, or onie uther cullour or occafion quhat-fum-ever. Bot that the faid houfe be haldeit fail, and na man prefent therein, bot the faidis Affifours , and that they benotfufferedtocumoutofthefaid houfe, for quhat-fum-ever caufe, or to continue the giving of their fentence to ane uther time : bot that they be inclofed, as faid is, unto the time they be fullie agreed , and returne their anfwerc , be the mouth of the faid Chancellar, to the Judge. And our.Soveraine Lord, with advife forefaid , decernis, declaris and ordainis, that gif ony of the faids accufers, informers of his Hienes Advocate, or uthers perfones quhat-fum-ever, pretend in onie waies in time cumming, toinforme, follift, reafon, difpute, fpeak or repaire to die faid Affife, after their remooving foorth of judgement, and inclofing of them , in maner abone written : Or utherwaies tranfgrene onie poynt of this prefent ad : In that cafe, the partie accufed , fall be halden and pronunced cleane, and innocent of the crimes and trcafons then layed to his charge. And this prefent acle, fall be ane' fuffident warrand to all Affifours in criminal caufes hereafter, to pronunce the partie accufed , cleane and in, nocent, in-cafe onie of the premifles beis contraveened. o 9Z. t^Aneut the quieting of difordered ftbjecJes, inhabitants of the Bordours , Hie-- landes, and lies. UR Soveraine Lord, and his three Eftaites conveened in this prefent Parliament , confidderingihe wicked inclination of the difordered fubjecls, inhabitants, on fum partes of the bordoures fore-atient England,