Page:The Laws and Acts of Parliament of Scotland.djvu/307

Rh England, and in the Hie-landes and Iles, deliting in all miſchicves, and maiſt unnaturallie and cruellie waiſtand, ſlayand, and deſtroyand their awen Nichtboures, and native Countrie people, takand occaſion of the leaſt trouble that may occurre in the inner partes of the Realme, quhen they think that care and the thocht of the repreſſing of their inſolence, is ony waies foret: to renew their maiſt Barbarous cruelties, and godleſſe oppreſſiones.FOR remeid quhairof, attour and beſide the lovables Lawes and conſtitutions maid, in this behalfe: Quhilk OUR SOVERAINE LORD, with adviſe of his three Eſtates, ratifies and apprevis be thir preſentis: It is ſtatute and ordained that the firſt day of everie Moneth in the zeir, gif it be lauchfull, and failieng, thereof, the nixt lauchfull daie, immediatlie follow- ſall be a ſspecial and peremptour diet for his privie Councell, to conveene and ſit, baith in the fore-noone, and afternoone: For receiving, hearing, anſwering, and directing of all complaintes, cauſes and maters, concerning the miſ-rule of the diſordered and trouble-ſum ſubjectes, inhabitants of the Hie-landes, and Bordours and attemptates committed be them, upon the gude and peaceable ſubjectes in the In- countrie without prejudice of uther, and maa diettes to be appoynted for the ſame effect, gif the occa- ſion require: "And ſpeciallie that upon the ſaid firſt day of everie Moneth, or uther nixt lauch- ful day, tryall and inquiſition to be taken of the diligence done, in the execution of thinges directed the Moneth preceeding, and of the thing neceſſar and expedient to be put in execution, during the Moneth to cum thereafter: and that a particular regiſter be keeped be the ſelfe, of all thinges that ſall happen to be done, and directed in maters concerning the quietneſſe and gude rule of the Bordoures, and Hie-landes.

93. Caution ſuld be found be Lands-lords, and utheris.

THAT All Lands-lordes and Baillies of the landes, on the Bordours, and in the Hie-landes, qhair broken men hes dwelt, or preſentlie dwellis, conteined in ane Roll, ratified in the end of this preſent Parliament, ſall be charged to finde ſufficient Caution and ſovertie, Landed-men in the In-countrie, to the contentment of our SOVERAINE LORD, and his privie Councell: Betuixt and the firſt day of October, nixt-to-cum: Or within fifteene dayes after the charge, upon conditions following, under the paine of rebellion: And gif they failie, the ſaid day being by-paſt, to put them to the Horne: That is to ſay gif onie of their men, tennentes, ſervandes, and indwellers upon their lands, rowmes, ſtead- inges and poſſeſſiones, or within their Baillieries, committis ony maiſterfull reiſe, thieft, or receipt of theft, depredationes, open and avowed fire-raiſing, upon deadly feedes, protected and mainteined be their Maiſters: That the Landis-lordes, and Baillies, upon quhais Landes, and in quhais juriſdiction they dwell, ſall bring and preſent the perſones compleined upon, before OUR SOVERAINE LORDIS Juſtice, or his deputes, to abide tryall, and underly the Law for the ſame, upon fiftene daies warning, to be maid be them lauchfully: And faileing theirof, that the ſaidis Landis-lordes and Baillies, be debt-bound, to ſatisfie the partie skaithed, and to refound, content, and pay to them their heirſchippes and skaithes, of their awin proper guddes and lands, according to the availl and quantitie tane fra the compleiners, quhilk ſall be modified be aith of the partie hurt, ather before the Lordes of Councell and Seſſion, or the Juſtice, or his deputes, quhair-upon execution ſall paſſe, baith againſt the princi- palles and ſoverties, in forme as effeiris. Providing alwaies, that the Landes-lordis, quha hes their landes Iyand in far Hie-landes or Bordours, they making reſidence themſelves in the In-lands, and their tennentes and inhabitantes of their landes, being of Clannes, or dependars on Chieftaines, and Cap- taines of the Clannes, quhom the Landis-lordes ar nawaies able to command, but only gettes their mailles of them, and na uther ſervice nor obedience, fall nawaies be ſubject to this act, bot in maner following, viz; They fall be halden to direct their Precepts of warning, obteine decreetes againſt their tennentes, and denunce them to the horne. And immediatlie after their denunciation, that the ſaidis Landes-lordes, raiſe letters, be deliverance of the ſecreit Councell, and charge the Chieftaines and Captaines of the Clannes, on quhom their tenrents dependis and obeyis, to take and apprehend the diſobedient tennents, and preſent them to the Juſtice, under the paine of rebellion and in-caſe the Chieftaines diſobey, to cauſe denunce them to the horne, regiſter the ſame, and report the letters of horning, dewlie execute, indorſat and regiſtrat to the ſecret Councell, within the ſpace of 40. daies thereafter: quhairin, gif the ſaids Landes-lordes failies, they ſall be ſubject to the former condition of this act: as allwa, in-caſe the ſaidis Landes-lordes, at ony time hereafter, rentall or ſett tackes to ony of the ſaids diſobedient Hie-land-men, or Bordour-men, in ony their lands, and omittis to take ſufficient caution for them, that they ſall be anſwer- able and obedient to our Soveraine Lords Lawes, and ſpecially that they fall obey and obtemper the haill contents and effect of this preſent act: and that the Lands-lordes and Baillies, concur, fortifie, and aſſiſt uthers, in removing of all perſons diſobedient to the Lawes, or fugitive therefra, out of their landes and poſlef- fions. And in-caſe ony refuſe to concur to the effect foreſaid, being dewly and lauchfully required. In that caſe it ſall be leſum to perſew the perſon refuſand, and his cautioner, for redres of the skaith, ſuſteined be the partie hurt, and the Lands-lordes and Baillies of the diſobedient perſon, to have the reliefe of the perſons refuſand. And in-caſeony perſon, Landes-lord or Baillie, receive or receipt ony perſon fugitive, after the committing of the crime, upon their lands, ot ſtayis or arreiſtis them nocht, quhen ever they paſſe throw their boundes, with onie trew mennes guddes, reft or ſtellen, gif the ſame cummis ony waies to their knawledge,