Page:The Laws and Acts of Parliament of Scotland.djvu/308

286 or that it beis tryed that they micht have ſtaied or withſtand the ſaidis riefes and oppreſſiones, Quhilk knaw- ledge and power of the Over-lordes, ſall be tryed be ane Aſſiſe: The Maiſters, Landes-lords or Bailli ceipters of the offenders, or not ſtayand and arreiſtand them, paſland throw their boundes, as ſaid is, ſall be halden to bring and preſent the perſones offendoures, to the Lawes, in maner foreſaid: Or els to pay and redres the parties skaithed, in maner abone written. And quhair the awners of the reſtand ſtollen guddes, followes not, the ſtayers and arreſſters of the perſones and guddes, paſland throw their landes. ſall be halden to make certification, be publication at the mercat-croce of the head Burgh of the Schire; That The partie haying intereſt, being thereby advertiſed, may challenge their awin guddesin fex dayes fpace. uther- waies, the ſtayers and arreiſters of the guddes, ſall not bec anſwerable therefore.

ITEM, Althought ſum of the Lordes of the ground, never uſis to make reſidence in the partes, throw the quhilkis thieves reſorts, in their paſſing to ſteall and rieve, and returne therefra: it ſall they be boun- den be their Baillies and tennentes, to make their arreiftments, and ſtay and make publication of the ſame: gif it be in their power, or cummis to their knawledge: or utherwaies, to be halden and obliſhed for redres, as gif they dwelt upon the landes themſelves. And that the chiefe of the Clanne in the boundes, quhair broken men dwellis, throw the quhilkis limmeres and broken men, repairis in their paſſing to be and rieve, or returning therefra, ſall be bound to make the like ſtay, arreſſtment, and publication, as the Landes-lordes, or Baillies, and be ſubject to the like redres and action criminal and civill, in-caſe of the failie or negligence. And becauſe ſindrie immediat tennents, to OUR SOVERAINE LORD hes diſponed their landes to utheris, halden of themſelves; In that caſe, it fall be ſufficient for the Over- lord, to enter and preſent his tennent and vaſſall, for anſwering for his ſub-tennent: And the Landes-lord to have his reliefe upon his tennents there-anent, as accordis.

96. The chiefe os all Clannes, ſall finde pleges.

A Ttour and beſide of the foreſaid ordour, deviſed againſt the Lands-lordes and Baillies, on guhaie landes, and in quhais juriſdictiones the thieves, fornares, and broken men dwellis and remainis: It is alſwa ſtatute and ordained, that the Captaines, Chieffes, and Chieftaines of all Clannes, alſweill on the Hie-land, as on the Bordoures, and the principalles of the branches of the ſaidis Clannes, to be ſpeciallie noted in ane Roll, ratified and inſert in this preſent Parliament: Quhilkis Clannes, dwellis upon the landes of diverſe Landes-lordes, and dependis upon the directiones of the ſaidis Captaines, Chicfes, and Chief- taines (be pretence of bloud, or place of their dwelling) Althought againſt the will oftimes of the Lord of the ground, be charged in maner, and under the paine abone written; to enter ſik perſones pleges, as fall be nominate be the Kingis Majeſties letters to be direct to them, upon xv.daies warning, before his Hienes and his ſecreet Councell, at the dayes to be appoynted, to be placed, as his Hienes ſall think con- venient, for keeping of gude rule in time cumming, according to the conditiones abone written, quhair- unto the Landes-lordes, and Baillies, are ſubject; under the paine of execution of the ſaids pleges to the death, in-caſe of tranſgreſſion, and nocht redreſſe maide be the perſones offendares, for quhom the ſaidis pleges lyes. And that the ſaidis pleges ſall be relieved quarterlie, with uthers of the ſame clan or branche, to be ſpecially named, alloone as may be, after the beginning of this ordour. And that the ſaids pleges ſall be keeped in the Kinges ſtrait-ward, upon their awen expenſes, ay and quhill the principalles of the clanne or branches, find ſufficient and reſponſal ſovertie, acted in the buiks of ſecreete Councell; that the pleges entred, ſall keepe trew warde, ay and quhill they be freed, and relieved ordourlie. And it the perſones with quhome they fall happen to be placed to remaine; fall on nawaies give their licence or libertie to the ſaides pleges, to departe or paſſe hame, under the paine of 2000. punds, to be payed be everie Noble-man, Barron or Gentle-man, that grant ony ſik licence. Quhilk caution being anis funden, the ſaides pleges ſall be placed to remaine with Noble-men and Barronnes in free ward uncharged, with the buirding of their awin expenſes, And all Clannes, Chieftaines, and branches of Clannes, refuſand to enter their pleges at the day, and in maner conteined in the charge, to be directed to that effect; to be eſteemed publick enemies to God, the King, and all his trew and faithfull ſubjectes, and to be perſewed with fire and ſword, quhair ever they be apprehended, without crime, paine or danger, to be incurred be the doers there throw. And that compt be tane, anis in the eir, at the firſt day of November, quhat per- ſones pleged for, ar dead, and quhat oung men ſprung up in their race and Clanne, able to offend. And quhair complaint is maid upon ony perſon pleged, for the principal of the Clanne or branch, to be charged, to preſent the offenders, before the King or his Councell, or before the Juſtice and his deputes, to underlie the Law for the ſame. And in caſe of failie of the preſenting of the perſon or perſones, compleined upon, the plege lyand for the ſaid perſon, to be execute be Juſtice, and the principal clan or branch to be preaſed to enter new plege, and to be ſtill debtor to the party grieved, for his skaith ſuſteined.

95. All men borne in the Hie-landes and Bordours, returne to the place guhair they were borne.

ITEM. That all ſik notorious thieves, as wer borne in Liddiſ-daill Esk-daill, Euſ-daill, Annan-daill, and the landes, ſum-time called Debaitable, or in the lands of the Hie-lands, that hes lang continued in-